Indian criminal law | Updated October 2026
IPC Section 228A and BNS Sections 72 and 73: Disclosure of a Victim's Identity
Indian law protects the identity of victims of specified sexual offences. Former IPC Section 228A dealt with publication of identifying information and reporting of related judicial proceedings. The corresponding provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS) are Sections 72 and 73.
What did IPC Section 228A provide?
Section 228A of the Indian Penal Code, 1860 prohibited printing or publishing the name of a victim, or any matter that could reveal the victim's identity, in cases involving specified sexual offences. It also restricted publication of matters relating to proceedings in such cases without prior permission of the court. The section contained limited exceptions for investigation-related disclosures, written authorisation and certain judgments.
Its first subsection covered offences under IPC Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E. The prohibition was not confined to printing a person's full name: it also addressed material that could make the person identifiable.
Current law: BNS Section 72
Section 72, Bharatiya Nyaya Sanhita, 2023, is titled Disclosure of identity of the victim of certain offences, etc. It restricts printing or publication of the name or any matter that may make known the identity of a person against whom specified sexual offences are alleged or found to have been committed. The section refers to BNS Sections 64, 65, 66, 67, 68, 69, 70 and 71.
Punishment: Imprisonment of either description for a term extending to two years, and liability to a fine. Both the maximum imprisonment and the requirement of fine should be read directly from the statutory text.
Limited statutory exceptions
- Investigation: Publication by or under the written order of the officer in charge of a police station or investigating police officer, acting in good faith for the purpose of the investigation.
- Victim's written authorisation: Publication by or with written authorisation of the victim.
- Specified cases involving next of kin: Where the victim is dead, a child or a person with mental illness, the statute provides a limited next-of-kin authorisation route, subject to the restriction that authorisation may only be given to the chairperson or secretary of a recognised welfare institution or organisation.
The definition and scope of a recognised welfare institution or organisation are set out in the statutory explanation. These exceptions should not be treated as blanket permission to publish identifying details: other applicable laws, protective court orders and child-protection requirements must also be observed.
Current law: BNS Section 73
Section 73, BNS, addresses printing or publishing any matter relating to proceedings before a court concerning offences specified in Section 72 without the previous permission of that court. The punishment is imprisonment of either description for up to two years and liability to a fine.
The statutory explanation excludes printing or publication of a judgment of a High Court or the Supreme Court from the offence under this section. Nevertheless, reporting and republication should protect identities where required by law or judicial directions; publication of a judgment does not automatically authorise identification of a protected victim.
IPC Section 228A and the BNS: comparison
| Issue | Former IPC provision | Current BNS provision |
|---|---|---|
| Disclosure of victim's identity | Section 228A(1) and (2) | Section 72 |
| Publication of court proceedings | Section 228A(3) | Section 73 |
| Maximum imprisonment | Two years | Two years |
| Fine | Also liable to fine | Also liable to fine |
| Principal legal focus | Victim anonymity and restricted publication | Same protections in two separate sections |
What can reveal a victim's identity?
Depending on the facts, identifying material may include a name, photograph, home address, school, workplace, social-media handle, family relationship or a combination of details that allows readers to recognise the victim. Merely omitting the name may be insufficient when other information makes identification possible.
Practical illustrations
- Local news report: A report names a sexual-assault survivor's school and close relatives, enabling neighbours to identify the survivor. This may raise concerns under Section 72 even without the survivor's name.
- Social media: Reposting an identifying image or a screenshot can amount to publication; the medium does not itself create an exemption.
- Reporting proceedings: Publishing a detailed account of a covered court proceeding without the court's prior permission may engage Section 73.
- Investigative disclosure: A disclosure under a valid written investigative order must remain within the statutory purpose and conditions.
Additional protection for children and court proceedings
Where the victim is a child, Section 23 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) imposes additional restrictions on disclosure of identifying information in media reports. The requirements for in-camera trials and victim privacy under applicable criminal procedure law and judicial directions may also be relevant.
Courts have emphasised that a victim's identity should not be disclosed directly or indirectly. In Nipun Saxena v. Union of India (2018), the Supreme Court addressed anonymity and safeguards for victims of sexual offences. The precise application of any exception depends on the governing law and facts.
Official statutory and legal references
- Bharatiya Nyaya Sanhita, 2023 (India Code official PDF) - see Sections 72 and 73.
- India Code - official repository of central legislation, including the Indian Penal Code and POCSO Act.
- Supreme Court of India - judgments and court information.
Frequently asked questions
What is IPC Section 228A?
It was the Indian Penal Code provision restricting disclosure of the identity of victims of specified sexual offences and publication of related court proceedings without permission.
Which BNS provisions replace IPC Section 228A?
BNS Section 72 governs disclosure of a victim's identity, while BNS Section 73 separately governs publication of proceedings relating to specified sexual offences without prior court permission.
What is the punishment under BNS Section 72?
Imprisonment of either description for up to two years and liability to a fine.
Can a journalist publish a survivor's name with consent?
BNS Section 72 provides a written-authorisation exception for the victim, but publication must also comply with other applicable protections, particularly those relating to children and judicial directions.
Can identifying details be published without printing a name?
No. Information that may make the victim identifiable can fall within the prohibition even if the name is omitted.
Can court proceedings be reported?
BNS Section 73 requires prior permission of the court for publication of matters relating to proceedings for specified offences, subject to the statutory explanation concerning High Court and Supreme Court judgments.
Does the protection apply to children?
Yes. The POCSO Act also contains strict confidentiality protections, including Section 23. The identity of a child must not be disclosed contrary to those protections.
This article provides general legal information. Whether a publication violates a statute depends on the exact content, the applicable law and any court order. Seek professional advice for a specific case.