Can't Prosecute Magistrate U/S 228-A IPC For Inadvertent Omission To Anonymize Rape Victim's Details: Kerala HC Emphasizes Judicial Caution

In a significant ruling, the Kerala High Court held that a Magistrate cannot be prosecuted under 228-A IPC on an inadvertent omission to anonymize the name and details of the victims based on an analysis of Section 228-A and the Judges Act, 1985. “This Court, therefore, suggests that, in matters like this, wherever petitions are filed by or against victims of sexual offences-as specified under Section 228 A of the IPC – Judges and Judicial Officers must initiate immediate action to anonymise the details, particularly their names and addresses, before continuing with consideration of the applications/cases; and if this is done at the inception, obviously, the final orders will also carry such anonymisation. The petitioner approached the High Court for anonymizing her details from the official records as well as sought for an action to be taken against the Magistrate under Section 228-A IPC. It further stated that action cannot be taken against judicial officers who were considering applications or petitions filed by victims for an inadvertent omission to anonymize details from proceedings of the court or orders.