Bharatiya Nyaya Sanhita 2023
Section 72 :
Disclosure of identity of victim of certain offences, etc :
(See section 228A of IPC 1860)
Section : 72 (1)
Classification of Offence:
Offence : Disclosure of identity of the victim of certain offences, etc.
Punishment : Imprisonment for two years and fine
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate
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(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 State Government.
Indian Penal Code 1860 (IPC 1860)
Section 228A :
1.[Disclosure of identity of the victim of certain offences etc:
(See section 72 of BNS 2023)
Classification of Offence:
Offence: Disclosure of identity of the victim of certain offences, etc.
Punishment :Imprisonment for 2 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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Offence: Printing or publication of a proceeding without prior permission of court.
Punishment :Imprisonment for 2 years, or fine , or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an 2.[offence under section 376, 3.[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 (hereinafter 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 authorization in writing of, the victim; or
(c) where the victim is dead or minor or of unsound mind, by, or with the authorization in writing of, the next of kin of the victim :
Provided that no such authorization shall be given by the next-of-kin to anybody other than the chairman or the secretary, by whatever name called, or any recognized welfare institution or organisation.
Explanation :
For the purposes of this sub-section, recognized welfare institution or organisation means a social welfare institution or organisation recognized in this be half 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 judgement of any High Court or the Supreme Court does not amount to an offence within the meaning of this Section.]
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1. Ins. by Act 43 of 1983, s. 2.
2. Subs. by Act 13 of 2013, s. 4, for “offence under section 376, section 376A, section 376B, section 376C or section 376D” (w.e.f. 3-2-2013).
3. Subs. by Act 22 of 2018, s. 3, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2018).