BNS Section 72

BNS Section 72 deals with the disclosure of the identity of victims of certain sexual offenses.
(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 63 or section 64 or section 65 or section 66 or section 67 or section 68 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 minor or person with mental illness, 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 State Government.
(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Explanation
The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section. Of criminal force and assult against women

Example:
Rakesh, a journalist, published a news article regarding a gruesome sexual assault case in which he reveals the victim's identity by giving personal details. Rakesh would be punished under this section. 

Key Points  on BNS-72

BNS-72 focuses on the protection of the identity of victims in cases involving serious crimes under sections 63, 64, 65, 66, 67, and 68. Below are the key points:

Protection of Identity:
 

• It is illegal to print or publish any name or material that can reveal the identity of a victim of crimes under sections 63 to 68.
   

• These sections pertain to serious offences like sexual assault, rape, crimes against minors, spousal sexual assault, and misuse of authority for sexual misconduct.
   

Punishment:
 

• Violation of this section can result in imprisonment for up to two years and also a fine.
   

• This provision aims to protect victims from public exposure and potential stigma.
   

Exceptions:
 

• Law Enforcement Orders: Publication is allowed if done under a written order by the officer-in-charge of a police station or the investigating officer acting in good faith to assist in the investigation.
   

• Victim's Consent: If the victim voluntarily consents in writing, their identity can be published.
   

• Next of Kin's Authorisation: If the victim is deceased, a minor, or mentally ill, the next of kin may authorise publication, but only to a recognised welfare organisation or its officials.
   

Next of Kin Authorisation:
 

• The next of kin can give written authorisation for the publication, but only to officials like the chairman or secretary of recognised welfare institutions.
   

Objective:
 

• The section ensures the dignity and privacy of victims are maintained, preventing the media or others from exploiting the victim's identity without proper consent or legal grounds.
   

BNS-72 seeks to balance the needs of public interest and investigation with the victim's right to privacy, penalising those who expose victims without consent or legal justification.

Looking for information on the Bharatiya Nyaya Sanhita? Check out our exhaustive list of BNS all sections offering in-depth explanations and legal insights for each section.