BNS Section 72 – Disclosure of identity of the victim of certain offences, etc

Amit Kapoor08 mins

Section in IPC – 228A

Disclosure of identity of the 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 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: Protection of Victim’s Identity

BNS-72 focuses on safeguarding the identity of victims in cases involving serious crimes, such as sexual assault, rape, and crimes against minors, under sections 63 to 68. This provision aims to protect the dignity and privacy of victims, preventing public exposure and potential stigma.

1. Protection of Identity

  • Illegal Publication: It is illegal to print or publish any information, including names or other material, that could reveal the identity of the victim of crimes under sections 63 to 68. These sections cover:
    • Sexual assault
    • Rape
    • Crimes against minors
    • Spousal sexual assault
    • Misuse of authority for sexual misconduct

2. Punishment for Violation

  • Imprisonment and Fine: Violating this provision can result in imprisonment for up to two years and/or a fine.
  • The aim of this provision is to protect victims from unnecessary public exposure and potential social stigma that may arise from the disclosure of their identity.

3. Exceptions to the Protection

  • Law Enforcement Orders:
    • Publication is allowed if done under a written order from 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 the publication of the victim’s identity. However, this is only permitted to a recognised welfare organization or its officials.

4. Next of Kin Authorisation

  • The next of kin (such as a family member) can provide written authorisation for the publication of the victim’s identity, but this must be done in the context of official welfare institutions, such as the chairman or secretary of recognised welfare bodies.

5. Objective

  • The primary objective of BNS-72 is to maintain the dignity and privacy of victims. It ensures that the media or other individuals cannot exploit or publish the victim’s identity without proper consent or legal grounds.
  • The section seeks to strike a balance between the needs of public interest and investigation and the victim’s right to privacy.
  • Penalization occurs for anyone who exposes the victim’s identity without the victim’s consent or a legal justification.

Summary

BNS-72 establishes strict protections for the identity of victims in cases involving serious crimes such as sexual assault, rape, and crimes against minors. Unauthorized publication of a victim’s identity can lead to up to two years’ imprisonment and a fine. Exceptions include law enforcement orders and victim or next of kin consent. The provision ensures the privacy and dignity of victims are maintained, preventing exploitation or public exposure without legal or ethical justification.

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