Not naming survivors

Indian law forbids publishing anything that identifies a victim of a sexual offence. That includes your own work.

Section 72 of the Bharatiya Nyaya Sanhita, 2023 makes it an offence to print or publish the name of a person against whom rape or another sexual offence is alleged or found to have been committed, or anything that may make their identity known. The penalty is up to two years in prison and a fine. It replaced section 228A of the Indian Penal Code on 1 July 2024. Section 73 covers publishing matter from court proceedings in such cases without the court’s permission.

In Nipun Saxena v. Union of India (2018), the Supreme Court said this covers more than a name. No one may disclose, “even in a remote manner”, facts that could lead to the victim being identified. That includes print, television and social media, and it applies even when the victim has died.

For children the rule is wider still. Section 23 of the POCSO Act, 2012 forbids media reports from disclosing a child’s name, address, photograph, family details, school or neighbourhood.

An identifying detail can be small: a village, a relative’s job, a school, a photograph of a house. Some headlines carry details like these despite the law. That is something you can note about a headline, never a reason to repeat it.