BNS Section 72

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Introduction of BNS Section 72

BNS Section 72 is about protecting the identity of victims involved in certain serious offenses. It makes it a crime to reveal the name or any detail that could identify a victim of offenses like sexual assault, abuse, or other serious crimes, ensuring their privacy and dignity.

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What is section 72 of BNS ?

BNS Section 72 focuses on protecting the identity of victims who are involved in certain serious crimes. It is designed to prevent the disclosure of personal information that could reveal the identity of these victims. This law ensures that victims are protected from further harm or embarrassment that could result from public exposure.

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BNS Section 72 in Simple Points

1. Protection of Victim Identity: The section ensures that the identity of victims in serious cases like sexual assault or abuse is not disclosed.
2. Punishment for Disclosure: Violating this section by revealing a victim’s identity can lead to imprisonment of up to two years and a fine.
3. Exceptions: There are specific conditions where the identity may be disclosed, such as with the victim’s consent or by an order of the police for investigation purposes.
4. Authorization by Next of Kin: If the victim is unable to give consent (due to death, being a child, or unsound mind), their next of kin can authorize the disclosure, but only under strict conditions.
5. Role of Welfare Institutions: Recognized welfare institutions or organizations have the authority to give consent for disclosure when authorized by the victim or their next of kin.

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Section 72 BNS Overview

BNS Section 72 makes it illegal to print or publish any information that could reveal the identity of a victim involved in certain serious offenses, like sexual assault or abuse. If someone violates this section, they can face legal consequences, including imprisonment and a fine.

BNS Section 72 : 10 Key Points

1. Victim Identity Protection: BNS Section 72 primarily serves to protect the identity of victims involved in specific serious crimes. This protection helps prevent further trauma or harm to the victims by ensuring their privacy.
2. Prohibition of Publication: The law strictly prohibits the publication of any details that could reveal the identity of a victim. This includes the name, address, or any other information that could lead to identifying the victim.
3. Punitive Measures: If someone is found guilty of violating this law by disclosing the identity of a victim, they can be punished with imprisonment for up to two years. This punishment acts as a deterrent to prevent such violations.
4. Additional Fine: Alongside imprisonment, the offender may also be liable to pay a fine. This fine serves as an additional punishment to reinforce the seriousness of the offense.
5. Specific Exceptions: There are certain exceptions under this section where the victim’s identity may be disclosed. These include situations where the victim gives written consent or when the disclosure is ordered by law enforcement officials for investigation purposes.
6. Role of Police: Law enforcement officials, particularly the police, can disclose the victim’s identity if it is necessary for the investigation. However, this must be done in good faith and within legal boundaries.
7. Authorization by Next of Kin: In cases where the victim is deceased, a minor, or mentally incapacitated, the next of kin may authorize the disclosure of the victim’s identity. However, this must be done carefully and under strict conditions to prevent misuse.
8. Recognized Welfare Institutions: Recognized welfare institutions or organizations have the authority to be involved in the process of identity disclosure if authorized by the victim or next of kin. These institutions must be recognized by the government.
9. Exclusion of Court Judgments: Publishing court judgments is not considered a violation of this section as long as the victim’s identity is not disclosed. This ensures that legal transparency is maintained without compromising the victim’s privacy.
10. Emphasis on Privacy and Dignity: The overarching goal of BNS Section 72 is to safeguard the privacy and dignity of victims. By preventing unauthorized disclosure of their identity, the law seeks to protect victims from further harm or public scrutiny.

Examples to Illustrate BNS Section 72

1. Example 1: A journalist publishes an article about a high-profile sexual assault case and includes details that could reveal the victim’s identity, such as their address or workplace. Under BNS Section 72, this journalist could be prosecuted, face imprisonment, and be fined for violating the victim’s privacy.
2. Example 2: A police officer, during an investigation, reveals the identity of a victim to a third party without any legal requirement or good faith reason. This action would also be a violation of BNS Section 72, leading to potential legal action against the officer.

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BNS 72 Punishment

Imprisonment: Those who unlawfully disclose a victim’s identity can be sentenced to imprisonment for up to two years.

Fine: In addition to imprisonment, offenders may also be fined.

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BNS 72 bailable or not ?

BNS Section 72 is bailable. This means the accused can be released on bail while awaiting trial.

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Bharatiya Nyaya Sanhita Section 72

Section	Offense	Punishment	Bailable	Cognizable	Triable By
2072	Disclosure of identity of a victim of certain offenses	Imprisonment up to 2 years and fine	Yes	Yes	Any Magistrate

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BNS Section 72 FAQs

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