What Is BNS Section 72?

Bharatiya Nyaya Sanhita, 2023 - Section 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, section 65, section 66, section 67, section 68, section 69, 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, 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.

Brefe Detail

BNS Section 72 pertains to the prohibition of disclosing the identity of victims involved in offences listed under sections 64 to 71. It criminalizes the printing or publishing of any details that could reveal a victim’s identity, with imprisonment of up to two years and a fine as punishment. However, it allows exceptions for disclosure if authorised in writing by the investigating officer, the victim, or the next of kin in specific circumstances, such as when the victim is deceased, a child, or mentally unfit. Any authorisation by next of kin must be given to recognised welfare organisations, as defined by the government.

Question & Answers

What is the primary focus of BNS Section 72?
BNS Section 72 focuses on preventing the disclosure of the identity of victims involved in certain offences to protect their privacy.

What are the offences covered under BNS Section 72?
The section covers offences under sections 64 to 71, which involve serious violations, and aims to protect the identity of the victims in these cases.

What is the punishment for violating BNS Section 72?
The punishment for disclosing a victim’s identity includes imprisonment for up to two years and a fine.

Are there any exceptions to the restriction on disclosing a victim’s identity?
Yes, exceptions include disclosures made by order of the investigating officer, with the victim’s written authorisation, or by the next of kin if the victim is dead, a child, or of unsound mind.

Can the next of kin authorise any individual to disclose the identity of the victim?
No, the next of kin can only authorise recognised welfare institutions or organisations, as defined by the government, to disclose the identity of the victim.

What is the meaning of 'recognised welfare institution or organisation' in BNS Section 72?
It refers to a social welfare institution or organisation that has been recognised by either the Central Government or the State Government for this specific purpose.

Example

For instance, if a newspaper publishes the name of a victim involved in an offence under Section 66, they would be liable under BNS Section 72 and could face imprisonment for up to two years along with a fine. However, if the victim themselves provides written authorisation, the newspaper may publish the name without legal repercussions.

Summary

BNS Section 72 provides a strict legal framework to protect the identity of victims involved in serious offences. It sets clear guidelines on when and how a victim’s identity can be disclosed, with significant consequences for violations, ensuring victims' privacy and safety remain a priority in legal proceedings.