1[229A. Failure by person released on bail or bond to appear in Court.— Whoever, having been charged with an offence and released on bail or on bond without sureties, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation

The punishment under this section is—

(a) in addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged; and

(b) without prejudice to the power of the Court to order forfeiture of the bond.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

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1. Ins. by Act 25 of 2005, sec. 44 (w.e.f. 23-6-2006)

Whoever by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

1[228A. Disclosure of identity of the victim of certain offences etc.— (1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an 2[“offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E”] is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

(2) Nothing in sub-section (1) extends to any printing or publi­cation of the name or any matter which may make known the identi­ty of the victim if such printing or publication is—

(a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or

(b) by, or with the authorisation in writing of, the victim; or

(c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim:

Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

Explanation

For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central or State Government.

(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such Court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

Explanation

The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.]

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for two years and fine—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Para II

Punishment—Imprisonment for two years and fine—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Comments

Name of victim to be suppressed

Section 228A of I.P.C. makes disclosure of identity of victim of certain offences punishable. Printing or publishing of any matter which may make known the identity of any person against whom an offence under section 376, 376A, 376B, 376C or 376D is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publication of judgment by High Court or Supreme Court. But in view of the social object of preventing social victimization or ostracism of the victim of a sexual offence for which section 228A has been enacted, it would be appropriate that in the judgements, be it of Supreme Court, High Court or lower court, the name of the victim should not be indicated; State of Punjab v. Ramdev Singh, AIR 2004 SC 1290.

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1. Ins. by Act 43 of 1983, sec. 2 (w.e.f. 25-12-1983).

2. Inserted by Section 4 of ‘The Criminal Law (Amendment) Act, 2013’

Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

State Amendment

Andhra Pradesh

In Andhra Pradesh offence under section 228 is cognizable.

[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991].

CLASSIFICATION OF OFFENCE

Punishment—Simple Imprisonment for 6 months, or fine of 1,000 rupees or both—Non-cognizable—Bailable—Triable by the Court in which the offence is committed, subject to the provisions of Chapter XXVI—Non-compoundable.

Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.

CLASSIFICATION OF OFFENCE

Punishment—Punishment of original sentence, or if part of the punishment has been undergone, the residue—Cognizable—Non-bailable—Triable by the court by which the original offence was triable—Non-compoundable.