Bharatiya Nyaya Sanhita: 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 or section 65 or section 66 or section 67 or section 68 or section 69 or 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

Simplified Explanation

Section 72 of the Bharatiya Nyaya Sanhita (BNS) addresses the prohibition on disclosing the identity of victims of certain sensitive offenses, particularly those involving sexual assault and other serious crimes where revealing the victim’s identity could lead to stigma, trauma, or endanger their safety. This section aims to protect the privacy and dignity of victims by imposing strict penalties for unauthorized disclosure of their identities.

Key Elements of Section 72

1. Applicability of Section 72
   • Section 72 applies to cases involving certain offenses, primarily those of a sensitive nature, including:
     • Sexual assault, rape, and other sexual offenses.
     • Crimes where the victim is a minor, particularly under laws like the Protection of Children from Sexual Offences (POCSO) Act.
     • Other serious crimes where disclosing the victim’s identity could lead to social stigma, harassment, or risk to personal safety.
   • This section prohibits any person, including media, law enforcement, and the general public, from revealing the identity of the victim without appropriate authorization.
2. Definition of Unauthorized Disclosure
   • Unauthorized disclosure includes publishing or publicizing any information that could lead to identifying the victim, such as:
     • The victim’s name, photograph, address, or any other personal details.
     • Information that could indirectly reveal the identity of the victim, including details about the victim’s family, neighborhood, or specific identifiers.
   • Disclosure is only permitted under certain authorized circumstances, such as with the victim’s consent (if they are of legal age and mental capacity) or by court order when it serves justice without harming the victim.
3. Purpose of the Confidentiality Requirement
   • Section 72 aims to:
     • Protect the privacy and dignity of victims, ensuring they are not subjected to additional trauma or social judgment.
     • Encourage victims to come forward and report crimes without fear of public exposure.
     • Prevent potential retaliation, harassment, or stigmatization of victims, especially in cases involving sexual or violent crimes.
4. Punishment for Unauthorized Disclosure under Section 72
   • Individuals found guilty of disclosing the identity of a victim without authorization may face imprisonment for up to two years, a fine, or both.
   • This penalty underscores the importance of respecting victims’ privacy and the serious consequences for violating this confidentiality requirement.
5. Exceptions to the Rule
   • Disclosure may be permitted in specific circumstances, including:
     • With the victim’s consent: If the victim is an adult and consents to the disclosure of their identity.
     • Court Orders: When a court deems it necessary for the purpose of justice and where revealing the identity does not harm the victim’s well-being.
   • These exceptions are carefully regulated to ensure that the victim’s rights and welfare remain protected.
6. Examples of Offenses Under Section 72
   • Example 1: A journalist publishes the name and photo of a sexual assault victim without permission, leading to legal action under Section 72 for unauthorized disclosure.
   • Example 2: A police officer shares details of a minor victim’s identity in a public forum. This act would constitute a violation of Section 72, as it involves unauthorized disclosure.
7. Reinforcing Victim Protection and Dignity
   • Section 72 underscores the importance of maintaining the confidentiality of victims to provide them with dignity and a sense of security.
   • By penalizing unauthorized disclosures, this section reinforces society’s commitment to supporting victims through sensitivity and respect for their privacy.

Importance of Section 72

Section 72 is essential for fostering a supportive environment where victims of sensitive crimes can seek justice without fear of public exposure or further harm. By protecting victims’ identities, this section encourages the reporting of crimes, supports victims’ mental health, and minimizes the risk of additional trauma or stigmatization.

In summary, Section 72 of the BNS mandates penalties for unauthorized disclosure of a victim’s identity in sensitive cases, including up to two years of imprisonment, a fine, or both. This provision upholds the privacy and dignity of victims, fostering a respectful approach to justice and support for individuals affected by serious crimes.