Section 228A IPC (Disclosure of identity of the victim of certain offences, etc) is now Section 72 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.
What Changed From IPC 228A to BNS 72?
Section 228A IPC is split between two BNS sections. Sub-sections 1 and 2 are now Section 72 BNS, and sub-section 3, on publishing court proceedings, is now Section 73 BNS. Section 72 BNS covers the offences in Sections 64 to 71 BNS, which include Section 69 BNS on sexual intercourse by employing deceitful means, an offence with no IPC counterpart. The word minor in the next of kin exception becomes a child. The punishment is unchanged.
IPC 228A vs BNS 72: Comparison Table
Aspect
IPC 1860 (repealed)
BNS 2023 (in force)
Section
228A
72
Offence
Disclosure of identity of the victim of certain offences, etc
Same
Punishment
Imprisonment of either description for a term which may extend to two years.
Same
Fine
The offender is also liable to fine in addition to imprisonment under both sub-sections.
The offender is also liable to fine in addition to imprisonment.
Bail
Bailable
Same
Cognizance
Cognizable
Same
Compoundable
Non-Compoundable
Same
Triable By
Any Magistrate
Same
IPC 228A and BNS 72: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 228A, IPC 1860
228A. Disclosure of identity of the 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 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E 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 minor 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 or State Government. (3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Explanation.—The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.
BNS 2023 (in force)
Section 72, BNS 2023
(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.
Ingredients: IPC 228A vs BNS 72
Under IPC 228A
An offence under Section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E IPC is alleged or found to have been committed against the person
The accused printed or published the name or any matter which may make known the identity of that person
The printing or publication does not fall within any exception in sub-section 2
For the offence in sub-section 3, the accused printed or published any matter relating to a proceeding before a court about such an offence without the previous permission of that court, and the matter was not a judgment of a High Court or the Supreme Court
Under BNS 72
Victim of an offence under Sections 64 to 71 BNS, now including Section 69 BNS
Printing or publishing the name or any matter which may make known the identity of the victim
Exceptions for the police, the victim, and the next of kin of a victim who is dead, a child or of unsound mind
Imprisonment of either description up to two years and liability to fine
What IPC 228A to BNS 72 Means for Pending Cases
For Section 228A IPC (now Section 72 BNS): for an act done after the BNS came into force, disclosing the identity of a victim is charged under Section 72 BNS, and publishing court proceedings without permission under Section 73 BNS. The punishment is unchanged, and Section 72 BNS also protects a victim of sexual intercourse by employing deceitful means under Section 69 BNS.
FAQs: IPC 228A to BNS 72
What changed when Section 228A IPC became Section 72 BNS?▼
Section 228A IPC is split. Sub-sections 1 and 2 are now Section 72 BNS and sub-section 3 is now Section 73 BNS. Section 72 BNS refers to Sections 64 to 71 BNS, which include Section 69 BNS, an offence with no IPC counterpart, and the word minor in the next of kin clause becomes a child. The punishment is unchanged.
Where does Section 228A IPC sit in the BNS?▼
In Section 72 BNS, in Chapter V, Of Offences Against Woman and Child.
Does Section 228A IPC or Section 72 BNS apply to an act done before 1 July 2024?▼
Section 228A IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 228A IPC. Section 72 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·