BNS Section 72: Disclosure of Identity of Victim of Certain Offences, etc
Section 72 of BNS is part of Chapter 5- Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses the disclosure of the identity of victims of certain offenses, such as sexual offenses and crimes involving minors. The section prohibits the public or media from revealing the identity of victims in such cases, aiming to protect their privacy and dignity.
Definition of BNS Section 72
Section 72 of the BNS 2023 States:
(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71 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 a child 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, the term 'recognised welfare institution or organisation' refers to a social welfare institution or organisation that has been officially recognised for this purpose by either the Central Government or the State Government.
Explanation and Illustration of Section 72 (Bharatiya Nyaya Sanhita, 2023)
Section 72 of BNS 2023 prohibits the publication of a victim's identity in cases involving offenses such as rape, sexual assault, or abuse (covered under Sections 64-71). If someone prints or publishes details that reveal the victim's identity, they face imprisonment of up to two years and may also be subject to a fine.
However, there are exceptions:
1. Police Authorisation: Publication may occur under the order of the investigating officer.
2. Victim’s Consent: The victim themselves can authorize the publication.
3. Next of Kin Authorization: If the victim is dead, a minor, or mentally unsound, the next of kin may authorize publication on behalf of the victim.
Illustration:
A journalist reports on a sexual assault case but publishes the name of the victim. Without the victim’s consent or proper authorisation from the police or next of kin, the journalist could face imprisonment and a fine under Section 72.
Key Points of Section 72
Publication or disclosure of any material that might identify a victim of a crime covered by Sections 63 to 68 is forbidden. Serious crimes such spousal sexual assault, rape, crimes against minors, sexual assault, and the misuse of authority for sexual misconduct are covered in these sections.
Punishment:
Anyone who violates this provision may face imprisonment for up to two years and/or a fine. The purpose of this law is to protect victims from public exposure and the associated stigma.
Exceptions:
Law Enforcement Orders: If publishing is carried out in accordance with a written order from the investigating officer or the officer-in-charge of a police station and is done so in order to support the investigation, it may be allowed.
Consent of the Victim: The victim may provide written consent for the disclosure of their identity.
Authorisation of Next of Kin: Only a recognised welfare group or its representatives may receive permission from the victim's next of kin to publish the victim's identify if the victim is deceased, a minor, or mentally ill.
Objective:
This section is designed to safeguard the dignity and privacy of victims, preventing their identity from being exploited by the media or others without proper legal justification or consent.
Differences Between Section 72 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 72 and its equivalent Indian penal code IPC section 228A (1)/(2) focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 72 | Disclosure of identity of victim of certain offences etc. 228A (1)/(2) Word 'minor' is replaced by 'child'. | 228A (1)/(2) | The word 'minor' is replaced by 'child'. |
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FAQs about Section 72 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 72 of the Bharatiya Nyaya Sanhita (BNS)?
Section 72 of the BNS addresses the disclosure of the identity of victims in certain offenses, including sexual crimes and offenses involving minors. It prohibits publicizing or publishing the victim’s identity to protect their dignity and prevent further trauma.
Why is Section 72 important?
Section 72 plays a critical role in safeguarding the privacy of victims, particularly in sensitive cases like sexual offenses or crimes against minors. By restricting the disclosure of their identities, the law ensures victims are not subjected to additional harm, stigma, or exploitation.
What offenses does Section 72 apply to?
Section 72 applies to offenses such as sexual assault, trafficking, and crimes involving minors. The aim is to protect the privacy of victims in cases that could expose them to public scrutiny or emotional distress due to the nature of the offense.
Who is prohibited from disclosing the victim’s identity under Section 72?
Under Section 72, the media, public officials, and any individual who comes across information related to the case are prohibited from disclosing the identity of the victim. This restriction helps preserve the victim’s dignity and prevents public exposure.
Are there any exceptions to the disclosure rule in Section 72?
Section 72 allows exceptions where the court may permit the disclosure of the victim’s identity in certain situations. However, such permissions are typically granted only if the disclosure serves a legitimate public interest or is necessary for the case.
What are the penalties for violating Section 72?
Violating Section 72 by disclosing the identity of a victim can result in legal penalties, including fines or imprisonment. The exact penalty depends on the seriousness of the violation and whether the disclosure caused harm to the victim’s privacy or safety.
How does Section 72 help in victim protection?
By preventing the disclosure of the victim’s identity, Section 72 helps shield victims from public shame, trauma, and harassment. This provision promotes a safer and more supportive environment for victims to pursue justice without fear of public exposure or backlash.
