Section 72 BNS: Disclosure of Identity of Victim of Certain Offences
Section 72 of the Bharatiya Nyaya Sanhita, 2023 protects the identity of victims of specified sexual offences by prohibiting the printing or publication of the victim's name or any matter that may reveal the victim's identity, subject to limited statutory exceptions.
Text of Section 72 of the Bharatiya Nyaya Sanhita, 2023
72. Disclosure of identity of 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 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—
- 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
- by, or with the authorisation in writing of, the victim; or
- 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.
Proviso: 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.
What Section 72 BNS Prohibits
The core prohibition applies to printing or publishing either the victim's name or any other matter that may make the victim identifiable. The provision is therefore wider than a ban on publishing a name alone. Information that can reveal identity may also fall within the section.
For Section 72, the person whose identity is protected is referred to in the provision as the "victim". The protection applies where an offence under any of the specified Sections 64, 65, 66, 67, 68, 69, 70 or 71 is alleged or found to have been committed against that person.
Punishment Under Section 72(1)
A person who violates Section 72(1) may be punished with imprisonment of either description for a term extending up to two years and is also liable to fine.
Exceptions Under Section 72(2)
The prohibition is subject to three narrowly stated exceptions. Publication may fall outside Section 72(1) when it is:
- made by or under a written order of the officer-in-charge of the police station or the investigating police officer, acting in good faith for the purposes of investigation;
- made by the victim or with the victim's written authorisation; or
- where the victim is dead, a child or of unsound mind, made by or with written authorisation of the victim's next of kin, subject to the statutory proviso governing such authorisation.
Important: Where authorisation is given by the next of kin in the circumstances covered by Section 72(2)(c), the proviso restricts such authorisation to the chairman or secretary, by whatever name called, of a recognised welfare institution or organisation.
Meaning of Recognised Welfare Institution or Organisation
The Explanation to Section 72(2) defines a "recognised welfare institution or organisation" as a social welfare institution or organisation recognised for this purpose by the Central Government or the State Government.
Offences Referred to in Section 72
| Section | Subject | Connection with Section 72 |
|---|---|---|
| Section 64 | Punishment for rape | Victim identity is protected by Section 72. |
| Section 65 | Punishment for rape in certain cases | Victim identity is protected by Section 72. |
| Section 66 | Punishment where rape causes death or results in a persistent vegetative state | Victim identity is protected by Section 72. |
| Section 67 | Sexual intercourse by husband upon his wife during separation | Victim identity is protected by Section 72. |
| Section 68 | Sexual intercourse by a person in authority | Victim identity is protected by Section 72. |
| Section 69 | Sexual intercourse by employing deceitful means, etc. | Victim identity is protected by Section 72. |
| Section 70 | Gang rape | Victim identity is protected by Section 72. |
| Section 71 | Punishment for repeat offenders | Victim identity is protected where Section 71 is alleged or found to have been committed. |
Section 72 and Section 73 BNS
Section 72 protects the identity of victims of the specified offences. The immediately following provision, Section 73, separately deals with printing or publishing matter relating to court proceedings concerning an offence referred to in Section 72 without the previous permission of the Court.
Commencement of the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed July 1, 2024 as the date on which the provisions of the BNS came into force, except sub-section (2) of Section 106.
Official Legal Resources
- India Code - Bharatiya Nyaya Sanhita, 2023 (official text)
- Ministry of Home Affairs - BNS commencement notification dated February 23, 2024
- Ministry of Home Affairs - New Criminal Laws
This page is intended for general legal information. For a particular matter, the statutory text, applicable procedural provisions and relevant judicial decisions should be examined together.