Section 72 of BNS

Introduction to Section 72 of BNS

Section 72 of the Bharatiya Nyaya Sanhita, 2023 is a crucial provision that focuses on protecting the identity of victims of sexual offences. In criminal law, justice is not only about punishing the offender but also about ensuring that the victim does not suffer further harm after the incident. One of the biggest risks faced by victims is the public disclosure of their identity, which can lead to social stigma, harassment, and emotional trauma.

To address this issue, Section 72 strictly prohibits the publication or disclosure of any information that may reveal the identity of a victim involved in serious sexual offences. This section plays a key role in maintaining privacy, dignity, and confidence in the legal system.

Section 72 – Bharatiya Nyaya Sanhita, 2023

Disclosure of Identity of Victim of Certain Offences

(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.

Meaning and Purpose of Section 72

In simple terms, Section 72 means that no person is allowed to reveal the identity of a victim of certain offences such as rape and related crimes. The law applies not only to direct disclosure, like publishing the name, but also to indirect disclosures, such as sharing details that could help identify the victim.

The purpose of this section is clear. Victims of sexual offences often hesitate to report crimes because they fear being exposed in society. By ensuring confidentiality, the law encourages victims to come forward without fear and seek justice. It also ensures that victims are treated with respect and are not subjected to further humiliation.

Scope of Section 72

Section 72 has a wide scope and applies to offences under Sections 63, 64, 65, 66, 67, and 68 of BNS. These sections deal with serious sexual offences, and therefore, the law provides an added layer of protection to victims.

This section applies to everyone, including:

Media organizations
Journalists
Police officials
Lawyers
General public

In short, any person who discloses the identity of the victim without permission can be held liable.

Understanding Sub-section (1)

Sub-section (1) forms the core of Section 72. It clearly states that if any person prints or publishes the name or any information that can reveal the identity of the victim, they will be punished.

The key elements here are:

Printing or publishing
Name or identifying information
Victim of specified offences

The punishment for such an act is imprisonment up to two years, fine, or both. This provision ensures that there is a clear legal consequence for violating the privacy of victims.

What Counts as “Identity”

Identity is not limited to just the name of the victim. It includes any information that can help in identifying the person. For example:

Address or locality
Photographs or videos
Name of family members
Workplace or school details
Any descriptive information that leads to identification

Even indirect hints, such as mentioning the victim’s relation to a known person, can amount to disclosure.

Sub-section (2): Exceptions to the Rule

While Section 72 strictly prohibits disclosure, it also provides certain exceptions where disclosure is allowed.

(a) For Investigation Purposes

If the police officer, acting in good faith, discloses information for investigation, it is allowed. This ensures that the investigation process is not hindered.

(b) With Victim’s Consent

If the victim gives written authorization, their identity can be disclosed. This respects the autonomy of the victim.

(c) In Special Situations

If the victim is:

Dead
A minor
A person with mental illness

Then authorization can be given by the next of kin. However, such authorization is limited and must be given only to recognized welfare organizations.

This ensures that disclosure is controlled and not misused.

Explanation Clause

The explanation under sub-section (2) defines what is meant by a “recognized welfare institution or organisation.” It refers to organizations officially recognized by the Central or State Government.

This prevents misuse of authority and ensures that only legitimate bodies can handle such sensitive information.

Sub-section (3): Court Proceedings

Sub-section (3) deals with publication related to court proceedings. It states that no person can publish any matter related to such proceedings without the permission of the court.

This ensures that:

Court proceedings remain confidential
Victim identity is protected
Media reporting is regulated

Violation of this provision also attracts punishment similar to sub-section (1).

Exception for Court Judgments

The law provides one important exception. Publishing judgments of the High Court or Supreme Court is not considered an offence.

This is because:

Judgments are public documents
Courts ensure that sensitive details are already protected

Importance of Section 72

Section 72 plays a vital role in the criminal justice system. Its importance can be understood in the following ways:

Protection of Dignity

Victims are protected from social stigma and embarrassment.

Encouragement to Report Crimes

When victims know their identity will be protected, they are more likely to report offences.

Prevention of Secondary Victimization

Disclosure of identity can cause additional trauma. This section prevents that.

Regulation of Media

It ensures responsible reporting and prevents sensationalism.

Role of Media and Social Media

In today’s digital age, information spreads quickly. Social media platforms can easily become sources of identity disclosure. Even sharing a post or comment can lead to identification.

Therefore, individuals must be careful and responsible while sharing information related to such cases. Ignorance of the law is not an excuse, and violations can lead to punishment.

Judicial Approach

Courts in India have consistently emphasized the importance of protecting victim identity. Judges take violations seriously and ensure strict enforcement of the law.

Courts also conduct in-camera proceedings in such cases to maintain confidentiality. This shows the judiciary’s commitment to protecting victims.

Challenges in Implementation

Despite clear legal provisions, there are challenges:

Rapid spread of information online
Lack of awareness among the public
Irresponsible reporting by some media outlets

These challenges highlight the need for better awareness and stricter enforcement.

Comparison with Earlier Law

Section 72 of BNS is similar in spirit to earlier provisions under the Indian Penal Code. However, the new law reinforces the importance of victim protection and aligns with modern standards of privacy and dignity.

Practical Examples

Publishing a victim’s name in a newspaper is illegal
Sharing the victim’s photo on social media is illegal
Revealing details that indirectly identify the victim is also illegal

These examples show how broad the scope of this section is.

Legal and Social Impact

Section 72 has both legal and social impact. Legally, it creates accountability and ensures punishment for violations. Socially, it helps in changing attitudes by emphasizing respect for victims.

It also promotes a culture where victims are supported rather than judged.

Conclusion

Section 72 of the Bharatiya Nyaya Sanhita, 2023 is a powerful provision that ensures the protection of identity and dignity of victims of sexual offences. It clearly prohibits disclosure and provides strict penalties for violations.

By balancing the needs of investigation, media freedom, and victim protection, this section strengthens the criminal justice system. Ultimately, it reflects the idea that justice is not only about punishing offenders but also about protecting victims and preserving their dignity.