BNS Section 72: Disclosure of the identity of a victim of certain offences (2026)
What Section 72 of the Bharatiya Nyaya Sanhita (BNS) covers, how it maps to Section 228A of the old Indian Penal Code (IPC), the punishment, and the exceptions. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 72 of the Bharatiya Nyaya Sanhita (BNS) protects the identity of a victim of certain sexual offences. It punishes anyone who prints or publishes the name, or any detail that could reveal the identity, of such a victim. It replaced Section 228A of the Indian Penal Code (IPC) from 1 July 2024. The punishment is imprisonment of up to two years, and a fine. This explainer sets out what Section 72 covers, the offences it protects victims of, the few exceptions, how it maps to the old law, and the punishment. Last verified October 2026.
- New section: disclosing the identity of a victim of certain sexual offences is Section 72 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 228A of the IPC.
- Protects victims of: offences under BNS Sections 64 to 71.
- Punishment: imprisonment up to two years, and a fine. Cognizable, bailable, triable by any Magistrate.
01Why this section matters
A victim of a sexual offence should not be named in public. Being identified can cause a second round of harm, through shame, pressure, and social stigma. Section 72 of the BNS guards against this. It makes it a crime to print or publish the name, or any matter that could reveal the identity, of a victim of certain offences.
This is a live issue for the press, for social media users, and even for lawyers and parties who share case papers. For any disclosure made on or after 1 July 2024, the charge is read under Section 72 of the BNS, not Section 228A of the IPC.
02What Section 72 covers
Section 72 applies where a person prints or publishes the name, or any matter that may make the identity of a victim known, in relation to an offence under Sections 64 to 71 of the BNS. These are the sexual offences in the new code, which include rape and related offences. One of those offences is Section 67, intercourse by a husband upon a separated wife.
The protection is wide. It is not only the name that is barred. Any matter that could lead to the identity being worked out, such as an address, a photograph, or the name of a relative or locality, can fall within the section.
Identity, not just the name
The section bars publishing the name or any matter which may make the identity known. So blurring a name is not enough if other details still point to the victim.
03The exceptions
The section allows publication in a few defined situations, so that investigation and the victim own wishes are respected:
- By a police officer acting in good faith for the purposes of an investigation.
- With the written consent of the victim.
- Where the victim is dead, a minor, or of unsound mind, with the written authorisation of the next of kin. Such authorisation cannot be given to anyone other than the chairman or secretary of a recognised welfare institution or organisation.
Outside these exceptions, printing or publishing identifying matter is an offence.
04Old to new: IPC 228A to BNS 72
Section 228A of the IPC is now Section 72 of the BNS. The protection is carried over, with the list of offences updated to the new BNS sections.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Provision | Section 228A | Section 72 |
| Conduct punished | Disclosing identity of a victim of listed sexual offences | Same |
| Listed offences | IPC sexual offences | BNS Sections 64 to 71 |
| Imprisonment | Up to two years | Up to two years |
The substance is carried over. The main update is that the cross-reference now points to the sexual offences as renumbered in the BNS.
05Punishment and classification
The punishment under Section 72 is imprisonment of either description for a term which may extend to two years, and a fine.
On classification, the offence under Section 72 is:
- Cognizable: the police can register a case and investigate.
- Bailable: bail is available as provided by law.
- Triable by any Magistrate.
It applies to everyone who publishes
The section reaches the press, websites, and ordinary social media users alike. Sharing a post that names or identifies a protected victim can attract the section.
06What changed from the old law
For Section 72, the change is mostly the number and the updated cross-reference. The conduct barred, the exceptions, and the two year punishment all carry over from Section 228A of the IPC. Case law under the old section still guides how Section 72 is read.
A connected duty sits on public servants to record information about these offences, dealt with under Section 199 of the BNS. To look up how courts have treated disclosure of a victim identity, see case search across Indian courts.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Section 72 questions surface in media law, in contempt proceedings, and in how sensitive case records are handled. Claw lets you see exactly where courts have drawn the line between a bare name and any matter that still points to a protected victim, pulling both old Section 228A rulings and fresh Section 72 orders. It reads from 30 crore and more judgments, covering the Supreme Court since 1950 and the High Courts since 1990, and it keeps watch over cases, orders and hearings across 9,102 courts, benches and forums, with each search answered in under 5 seconds.
Claw keeps client material private and does not train its AI models on customer documents. Set up a free Claw account to follow Section 72 disputes as they are decided and to track a live matter by party or counsel.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- Section 72, BNS (bare text): devgan.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 228A IPC in the BNS?
Section 228A of the IPC is now Section 72 of the Bharatiya Nyaya Sanhita, 2023. It punishes printing or publishing the name, or any matter that may reveal the identity, of a victim of certain sexual offences.
Which victims does Section 72 protect?
It protects victims of the sexual offences in Sections 64 to 71 of the BNS. Publishing the name or any identifying detail about such a victim can be an offence.
When is publication allowed under Section 72?
Publication is allowed by a police officer in good faith for an investigation, with the written consent of the victim, or, where the victim is dead, a minor, or of unsound mind, with the written authorisation of the next of kin to a recognised welfare body.
What is the punishment under BNS Section 72?
Imprisonment of either description for a term which may extend to two years, and a fine. The offence is cognizable, bailable, and triable by any Magistrate.
Does Section 72 apply to social media posts?
Yes. The section reaches anyone who prints or publishes identifying matter, which includes websites and social media users, not only the traditional press.
Can I track a case under Section 72 in Claw?
Yes. Claw will follow a Section 72 matter for you, pulling its orders and hearings by party or advocate name across 9,102 courts, benches and forums and returning them in under 5 seconds. It researches and tracks the matter but stops short of legal advice.