Section 72 of the Bharatiya Nyaya Sanhita (BNS), 2023

07 Jun 2025 --
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Section 72 of the Bharatiya Nyaya Sanhita (BNS), 2023

1. Purpose and Background

Section 72 of the Bharatiya Nyaya Sanhita, 2023 is a victim-protection provision. Its primary objective is to safeguard the identity, dignity, and privacy of victims of serious offences, particularly sexual offences.

This section replaces and modernizes the earlier protection contained in Section 228A of the Indian Penal Code, 1860, aligning it with the restructured criminal law under the BNS.

The law recognizes that public disclosure of a victim’s identity can lead to:

Social stigma

Psychological trauma

Secondary victimization

Deterrence from reporting crimes

2. What Section 72 Prohibits

Section 72 prohibits the disclosure of the identity of victims of certain serious offences.

🔹 Acts that are prohibited:

Printing the name of the victim

Publishing identifying information in newspapers, television, online media, or social media

Broadcasting photographs, videos, or audio that can identify the victim

Revealing addresses, schools, workplaces, or family details that indirectly identify the victim

The prohibition applies even if the case is only alleged and not yet proven.

3. Victims Covered Under Section 72

Section 72 applies to victims of offences listed under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, which broadly cover:

Sexual offences

Sexual offences against women

Sexual offences against children

Repeat sexual offences

The protection applies regardless of:

The stage of investigation or trial

Whether the accused has been convicted or acquitted

4. Meaning of “Identity”

The term “identity” is interpreted broadly and includes:

Name (full or partial)

Photographs or video images

Personal details that allow identification

Any information that could reasonably lead to identification of the victim

Courts emphasize that even indirect disclosure may amount to a violation if identification is possible.

5. Punishment Under Section 72

Any person who violates Section 72 is liable to:

Imprisonment up to two years, and

Fine, or

Both

The offence is:

Cognizable – police can act without prior court permission

Bailable – bail is generally available

Non-compoundable – the offence cannot be settled privately

6. Exceptions: When Disclosure Is Allowed

Section 72 provides strict and limited exceptions where disclosure is not punishable.

✅ Disclosure is permitted when:

(a) For Investigation Purposes

Disclosure is made by, or under the written order of, the police officer in charge of the investigation

Must be done in good faith and strictly for official purposes

(b) With Written Consent of the Victim

The victim themselves gives explicit written consent for disclosure

(c) Victim Is Dead, a Minor, or of Unsound Mind

Written consent may be given by the next of kin

Such consent can be given only to the chairman or secretary of a recognized welfare institution or organization

The organization must be authorized by the Central or State Government

⚠️ Consent cannot be given to:

Media houses directly

Private individuals

Social media users

7. Practical Application of Section 72

🔹 Media Reporting

Journalists must ensure:

No names

No identifiable photos

No detailed personal background that could reveal identity

Failure to do so attracts criminal liability.

🔹 Social Media

Individuals posting victim details on platforms such as messaging apps or social networks can be prosecuted under Section 72.

🔹 Police and Courts

Court orders and police records are expected to:

Mask victim identity

Use initials or pseudonyms

Maintain confidentiality in judgments and charge sheets

8. Judicial Philosophy Behind Section 72

Indian courts have consistently held that:

Victim dignity is a part of the right to life and personal liberty

Open justice must be balanced against privacy

Disclosure of identity defeats the purpose of criminal law protection

Section 72 codifies this judicial approach into statutory law.

9. Comparison with Old Law (IPC Section 228A)

Aspect	IPC Section 228A	BNS Section 72
Scope	Sexual offences	Sexual & related serious offences
Structure	Limited wording	Broader and clearer
Consent rules	Less detailed	Strict, structured consent
Victim protection	Strong	Stronger and more explicit