BNS Section 72 Disclosure of identity of victim of certain offences, etc.

BNS Section 72, acts as a legal shield for victims of specific offences, ensuring their identity is not made public.

In cases involving sensitive crimes, protecting the dignity and privacy of the victim is of utmost importance. This provision upholds the principles of victim-centric justice and aligns with the constitutional right to privacy.It prevents any form of public shaming or media trials that may retraumatize the survivor.Only in limited and controlled situations can disclosure be allowed, and that too with written permission or official sanction.

72. Disclosure of identity of victim of certain offences, etc.: Provision

(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, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central Government or the State Government.

📜 Simple Explanation of BNS Section 72 – Disclosure of Identity of Victim of Certain Offences

🔒 Sub-section (1): What is prohibited?

If anyone prints or publishes:

The name of the victim, or
Any information that can reveal the identity of the victim,
in cases where the person is a victim of offences under Sections 64 to 71 (which relate to sexual offences and offences against women),
they can be punished with imprisonment up to 2 years and a fine.

✅ Sub-section (2): When is disclosure allowed?

This section allows revealing the victim’s identity only in the following cases:

(a) If a police officer or investigating officer, in good faith, reveals it during the investigation.
(b) If the victim themselves gives written permission to reveal their identity.
(c) If the victim is dead, a child, or of unsound mind, then written permission must be given by their next of kin.
But:
➡️ This permission can only be given to a recognized welfare organisation—not to just anyone.
➡️ And it must be given to the Chairman or Secretary of such an organisation.

📌 Definition (Explanation)

A “recognised welfare institution or organisation” means any social welfare body that has been officially recognised by the Central or State Government.

📋 Particulars of Offence – BNS Section 72

Particular	Details
Section	Section 72 – Bharatiya Nyaya Sanhita, 2023
Offence	Publishing or printing identity of victim of offences under Sections 64 to 71
Punishment	Imprisonment up to 2 years and fine
Cognizable/Non-Cognizable	Cognizable
Bailable/Non-Bailable	Bailable
Triable by	Magistrate of the first class
Compoundable/Non-Compoundable	Non-Compoundable

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The old (Indian Penal Code) section that is similar to Section 72 of the Bharatiya Nyaya Sanhita (BNS), 2023 is:

⚖️ Section 228A of the Indian Penal Code, 1860

📌 Section 228A IPC – Disclosure of identity of the victim of certain offences

This section made it a punishable offence to publish the name or any matter that may reveal the identity of a victim of rape or other sexual offences under the IPC.

🔄 Comparison: Section 228A IPC vs. BNS Section 72

Point of Comparison	Section 228A IPC (Old Law)	Section 72 BNS (New Law)
Objective	Protect victim’s identity in sexual offence cases	Same objective – protection of victim’s identity
Applies to offences under	IPC Sections 376, 376A, 376B, 376C, 376D, 376E	BNS Sections 64 to 71 (equivalents of above IPC sections)
Punishment	Imprisonment up to 2 years and fine	Same – imprisonment up to 2 years and fine
Exceptions	Similar – police investigation, victim’s or kin’s consent	Same exceptions, with added clarity on authorized persons
Definition of welfare body	Not clearly defined	Clearly defined as institution recognised by Govt.

FAQs for BNS Section 72

Q1. Is BNS Section 72 a bailable offence or not?

Yes, as per the Bharatiya Nyaya Sanhita, 2023, the offence under Section 72 is bailable in nature. This means the accused has the legal right to seek bail from the police or the court. It ensures that the accused can be released from custody while the legal process continues, unlike non-bailable offences which require court discretion.

Q2. What is Section 72 of the Bharatiya Nyaya Sanhita (BNS)?

Section 72 of the BNS, 2023 prohibits the disclosure of the identity of victims of sensitive sexual offences listed under Sections 64 to 71, such as rape, assault with intent to disrobe, sexual harassment, stalking, etc. It criminalizes printing or publishing any name or information that could reveal the victim’s identity. This section protects the dignity and privacy of victims during criminal trials and investigations.

Q3. What is the full form of BNS and what does it mean?

BNS stands for Bharatiya Nyaya Sanhita, 2023. It is India’s new criminal law that replaces the old Indian Penal Code (IPC), 1860. The BNS aims to modernize criminal provisions, simplify legal language, remove colonial terms, and focus more on victim-centric justice. It was passed by the Indian Parliament in 2023 and came into force in 2024.

Q4. What is Section 73 of BNS?

Section 73 of the Bharatiya Nyaya Sanhita, 2023 deals with the offence of dowry death. It states that if a woman dies under suspicious circumstances within 7 years of marriage and it is shown that she was harassed for dowry, the husband or his relatives can be punished with imprisonment of not less than 7 years, which may extend to life imprisonment. This section is similar to Section 304B of the Indian Penal Code (IPC).

Q5. What is the punishment for publishing the identity of a sexual offence victim under BNS Section 72?

Under Section 72 of the Bharatiya Nyaya Sanhita, 2023, anyone who discloses the identity of a victim of sexual offences (like rape, stalking, disrobing, etc.) can face imprisonment for up to 2 years along with a fine. The law strictly protects the privacy and confidentiality of such victims, and any unauthorized disclosure is considered a punishable offence.