BNS Section 72 — Disclosure of identity of victim of certain offences, etc

Summary

Sub-section (1) makes it an offence to print or publish the name, or any matter that could reveal the identity, of a person against whom an offence under sections 64 to 71 is alleged or found to have been committed. Such a person is referred to as the victim in this section. The punishment for this offence is imprisonment of either description for a term which may extend to two years, and the person is also liable to a fine.

Sub-section (2) states that the prohibition in sub-section (1) does not apply to printing or publishing the victim's name or identifying matter in certain situations. Under clause (a), this is allowed if the printing or publication is done by, or under the written order of, the officer-in-charge of the police station or the investigating police officer, acting in good faith for the purposes of the investigation. Under clause (b), it is allowed if the printing or publication is done by the victim, or with the victim's written authorisation. Under clause (c), where the victim is dead, a child, or of unsound mind, it is allowed if done by, or with the written authorisation of, the victim's next of kin.

The proviso to sub-section (2) adds a restriction on the next of kin's authorisation under clause (c). It states that the next of kin cannot give such authorisation to anyone other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

The explanation clarifies that, for the purposes of this sub-section, a recognised welfare institution or organisation means a social welfare institution or organisation recognised in this regard by the Central Government or the State Government.

Official Text

(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

(b) by, or with the authorisation in writing of, the victim; or

(c) where the victim is dead or 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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.9 p.283 — Supreme Court of India (2025)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)

Old <-> New Code Mapping

• IPC §228A — Disclosure of identity of victim of certain offences, etc