BNS Section 72: Disclosure of Identity of Victim of Certain Offences, etc

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 BNS Section 72

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.

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