Section 72 BNS: Disclosure of identity of victim of certain offences, etc
Bharatiya Nyaya Sanhita, 2023
Section 72 BNS at a Glance
Section 72 BNS deals with disclosure of identity of victim of certain offences, etc. It replaced Section 228A IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to two years.
Section 72 BNS Bare Act 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.
Source: Section 72, Bharatiya Nyaya Sanhita, 2023
Section 72 BNS in the IPC (Previous Law)
Section 72 BNS replaced Section 228A IPC from 1 July 2024.
Each sub-section below names its own source.
FAQs on Section 72 BNS
Under Section 72 BNS, can I share a victim's name on social media if it is already circulating?▼
No. Once you print or publish identifying details, you may still be liable under Section 72(1) BNS even if someone else posted them first. The law looks at the act of publication, not just who started it.
Does Section 72 BNS cover photographs and videos too?▼
Yes, if the image or video may make known the identity of the victim. A blurred face may still violate Section 72(1) BNS if the background, voice, location, or other details identify the victim.
Under Section 72 BNS, can a court ever permit disclosure?▼
Section 72(2) BNS does not list court permission as an exception for disclosing a victim's identity; prior court permission applies under Section 73 BNS for publishing court proceedings. Under Section 72(2) BNS, disclosure is permitted only under a written police order in good faith for the investigation, with the victim's written authorisation, or where the victim is dead, a child, or of unsound mind, with the next of kin's written authorisation to the chairman or secretary of a recognised welfare institution or organisation.
Under Section 72 BNS, what if the victim gives consent?▼
Under Section 72(2)(b) BNS, printing or publishing is not an offence if it is done by, or with the authorisation in writing of, the victim. Where the victim is dead, a child, or of unsound mind, written authorisation may be given by the next of kin only to the chairman or secretary of a recognised welfare institution or organisation.
Under Section 72(2) BNS, can police reveal a rape victim's name during investigation?▼
Yes, Section 72(2)(a) BNS allows it in limited cases. The name or identifying details may be printed or published by, or under the written order of, the officer-in-charge of the police station or the police officer making the investigation, if done in good faith for the purposes of such investigation.
Can a victim give permission to publish her identity under Section 72(2) BNS?▼
Yes, Section 72(2)(b) BNS allows publication if it is by, or with the written authorisation of, the victim. Without that written authorisation, publishing the victim's name or any matter that may reveal identity is punishable under Section 72(1) BNS.
Under Section 72(2) BNS, who can authorise publication if the victim is dead, a child, or of unsound mind?▼
Where the victim is dead, a child, or of unsound mind, Section 72(2)(c) BNS allows the next of kin to give written authorisation. However, that authorisation can be given only to the chairman or secretary, by whatever name called, of a social welfare institution or organisation recognised by the Central Government or the State Government.
What is the punishment for publishing a victim's identity in violation of Section 72(2) BNS?▼
Section 72(2) BNS itself prescribes no punishment because it sets out exceptions to Section 72(1) BNS. Where a publication is not protected by Section 72(2) BNS, Section 72(1) BNS provides punishment with imprisonment of either description for a term which may extend to two years, and the offender shall also be liable to fine.
Section 72 BNS: Sub-sections Explained
Section 72(1) BNS: Disclosure of identity of the victim of certain offences, etc
▶
Bare Act 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.
Explained in Simple Words
Section 72 of the Bharatiya Nyaya Sanhita, 2023 (BNS) protects the identity of victims of offences under Sections 64 to 71 BNS. It bars printing or publishing the victim's name or any matter that may make known the identity of the victim, such as an address, photograph, family details, school, or workplace. The rule applies to newspapers, social media users, websites, broadcasters, and private individuals.
The law is meant to protect dignity, privacy, and safety by preventing public exposure that can cause intimidation and lasting harm to the victim and family. Under Section 72(2) BNS, limited exceptions apply where publication is 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 investigation, by or with the written authorisation of the victim, or where the victim is dead, a child, or of unsound mind, by or with the written authorisation of the next of kin given only to the chairman or secretary of a recognised welfare institution or organisation.
In practice, even indirect clues that make identification possible can attract liability under Section 72(1) BNS, which carries imprisonment of either description for up to two years and liability to fine.
Key Ingredients
- 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
Punishment
🔒 Imprisonment of either description for a term which may extend to two years.
💰 The offender is also liable to fine in addition to imprisonment.
Under Section 72(1) BNS, printing or publishing the name or any matter which may make known the identity of a victim of an offence under Sections 64 to 71 BNS carries imprisonment of either description for up to two years and liability to fine.
Real-World Example
When This Does Not Apply
- The offence alleged or found against the person is not one under Section 64, 65, 66, 67, 68, 69, 70, or 71 BNS
- The printing or publication is by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation, acting in good faith for the purposes of such investigation
- The printing or publication is by, or with the authorisation in writing of, the victim
- Where the victim is dead or a child or of unsound mind, the printing or publication is by, or with the authorisation in writing of, the next of kin, given only to the chairman or secretary of a recognised welfare institution or organisation
Previous Law
IPC 228A → Section 72(1) BNS
Section 228A IPC is split between two BNS sections. Sub-sections 1 and 2 are now Section 72(1) BNS, and sub-section 3, on publishing court proceedings, is now Section 73 BNS. Section 72(1) 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.
Section 72(2) BNS: Disclosure of identity of the victim of certain offences, etc
▶
Bare Act Text
(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.
Explained in Simple Words
Section 72(2) of the Bharatiya Nyaya Sanhita (BNS) sets out the exceptions to the rule in Section 72(1) BNS against printing or publishing the name or any matter that may make known the identity of a victim of an offence under Sections 64 to 71 BNS. It applies to police officers, victims, next of kin, and publishers when one of three conditions is met. Because this sub-section is an exception, it prescribes no punishment.
Under clause (a), publication is permitted if 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), publication is permitted if done by, or with the written authorisation of, the victim.
Under clause (c), where the victim is dead, a child, or of unsound mind, publication is permitted by, or with the written authorisation of, the victim's next of kin. Under the proviso and Explanation, the next of kin may give such authorisation only to the chairman or secretary of a social welfare institution or organisation recognised by the Central Government or the State Government.
Key Ingredients
- There is a printing or publication of the name or any matter that may make known the identity of a victim of an offence under Sections 64 to 71 BNS
- Under clause (a), the printing or publication is by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation acting in good faith for the purposes of the investigation
- Or under clause (b), the printing or publication is by, or with the authorisation in writing of, the victim
- Or under clause (c), where the victim is dead or a child or of unsound mind, the printing or publication is by, or with the authorisation in writing of, the next of kin of the victim
- Where authorisation is given by the next of kin under clause (c), it is given only to the chairman or secretary of a social welfare institution or organisation recognised by the Central Government or the State Government
Punishment
🔒 None prescribed by this sub-section.
💰 None prescribed by this sub-section.
Section 72(2) BNS provides exceptions where printing or publishing a victim's identity is not an offence under Section 72(1) BNS and prescribes no punishment of its own.
Real-World Example
When This Does Not Apply
- The disclosure by or under police authority is not in writing or is not made in good faith for the purposes of the investigation
- The victim is alive, not a child, and of sound mind, and the printing or publication is made without the victim's authorisation in writing
- Where the victim is dead, a child, or of unsound mind, the next of kin gives authorisation to someone other than the chairman or secretary of a social welfare institution or organisation recognised by the Central Government or the State Government
- The printing or publication is made without a qualifying written police order, without the victim's written authorisation, and without valid written authorisation of the next of kin under clause (c)
Previous Law
IPC 228A(2) → Section 72(2) BNS
Section 228A(2) IPC corresponds to Section 72(2) BNS. The exceptions for printing or publication by or under the written order of the officer-in-charge of the police station or investigating police officer acting in good faith for the investigation, by or with the written authorisation of the victim, and by or with the written authorisation of the next of kin to the chairman or secretary of a recognised welfare institution or organisation are retained, while in clause (c) the word minor in Section 228A(2)(c) IPC is replaced with a child in Section 72(2)(c) BNS.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·