Bombay HC Imposed Cost on Law Firm For Disclosing Rape Victim’s Name in Petition

The Bombay High Court in the case observed and has recently taken a strong exception for disclosure of a rape victim’s name in the plea and has imposed costs of Rs. 5000 on the law firm that drafted the petition.

The division bench comprising of Justice Revati Mohite Dere and Justice Prithviraj Chavan observed and has stated that the advocates often don’t refrain from using the victim’s name despite Section 228A of Indian Penal Code, 1860, wherein mandating the non-disclosure of the rape victim’s name and a 2-year punishment prescribed for the disclosure.

The court observed that despite of Section 228A of the Indian Penal Code, 1860 and despite of repeatedly telling the Advocates that it is an offence for not disclosing the name of the prosecutrix which is punishable with two years and the name of the prosecutrix is being disclosed in the aforesaid petition. Therefore, the law firm who drafted the petition for depositing costs of Rs.5,000/- with the Kirtikar Law Library within two weeks. The order was passed by the bench while hearing a petition filed by the accused for quashing an FIR registered against him by the Pune police under Section 376 (rape), Section 406 (criminal breach of trust), and Section 420 (cheating) of the Indian Penal Code, 1860. In the present case, Advocate Zaid Anwar Qureshi instructed by law firm Hulyalkar & Associates was representing the petitioner.

Before the court, he sought leave for amending the petition and mask the name of the prosecutrix wherever it appears in the petition which includes the cause title of the aforesaid plea. However, the court granted the amendment and has imposed cost on the law firm. Further, it has been asked by the petitioner to amend the petition and has also issued notices to the respondents.

The court stated that a notice has bee issued on the amendment being carried out, to the respondents returnable on 08.02.2023. Thus, the learned AAP waives notice on behalf of the Respondent No.2-State. Accordingly, the bench in the case deferred the proceedings before the trial court till the next date of hearing on 08.02.2023.