Section 72 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 72 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the disclosure of the identity of victims in certain criminal offenses, aiming to protect their privacy and dignity.
📜 Section 72 — Disclosure of Identity of Victim of Certain Offences
(1) Prohibition on Disclosure
Section 72(1) prohibits the printing or publication of the name or any matter that may reveal the identity of a person against whom offenses under Sections 64 to 71 are alleged or found to have been committed. Violators may face:
Imprisonment: Up to two years
Fine: As prescribed by law
(2) Exceptions to the Prohibition
Section 72(2) outlines specific exceptions where the identity of the victim may be disclosed:
Law Enforcement: Disclosure made under the order of the officer-in-charge of the police station or the investigating officer acting in good faith for the purposes of the investigation
Victim's Consent: Disclosure made with the written authorization of the victim.
Next of Kin Authorization: If the victim is deceased, a child, or of unsound mind, disclosure may occur with the written authorization of the next of kin. However, such authorization must be given to the chairman or secretary of a recognized welfare institution or organization.
Explanation:
A "recognized welfare institution or organization" refers to a social welfare institution or organization recognized by the Central or State Government for this purpose.
(3) Court Proceedings
Section 72(3) prohibits the printing or publication of any matter related to court proceedings concerning offenses mentioned in Section 72(1) without the prior permission of the court. Violators may face
Imprisonment: Up to two years
Fine: As prescribed by law
Explanation:
The publication of judgments from the High Court or Supreme Court does not constitute an offense under this section
⚖️ Comparison with Indian Penal Code (IPC)
Section 72 of the BNS, 2023, aligns with Section 228A of the Indian Penal Code (IPC), 1860, which also prohibits the disclosure of the identity of victims in certain offenses, such as rape and sexual assault. The primary distinction lies in the terminology used:
IPC: Uses the term "minor"]
BNS: Uses the term “child”
This change in terminology reflects a more contemporary understanding of legal terms.
🧭 Illustrative Example
Scenario:
A journalist reports on a sexual assault case and publishes the name of the victim without obtaining the victim's consent or the necessary authorization from the police or next of kin
Application of Section 72:
The journalist's action constitutes a violation of Section 72(1) of the BNS, 2023. As a result, the journalist may face imprisonment for up to two years and a fine, as prescribed by law.
Objective:
Section 72 aims to safeguard the privacy and dignity of victims, particularly in sensitive cases, by restricting the disclosure of their identities without proper authorization.
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