228A vs 72
The legal framework for ensuring the privacy and dignity of sexual offence survivors in the digital age.
What Changed?
Direct renumbering from IPC 228A to BNS 72.
BNS 72 is now part of the dedicated chapter on offences against women and children.
Standard of absolute privacy for victims in all forms of media is maintained.
Verdict
"Crucial for preventing victim-shaming and protecting the social reintegration of survivors."
Detailed Analysis
228A
Disclosure of identity of the victim of certain offences
72
Disclosure of identity of the victim of certain offences, etc.
Legal Implications
Practical Scenarios
"A news channel accidentally showing the face of a survivor during a blurred interview (BNS 72)."
"Sharing a Justice for [Victim Name] post where the victim's full name is revealed without permission (BNS 72)."
Expert Q&A
Is it a crime to share a victim's name if it's already on social media?
Yes. Every individual act of publishing or sharing the identity is a separate offence under BNS 72. Everyone else is doing it is not a legal defence.
Can I mention the victim's name if they have passed away?
No. The protection of BNS 72 extends even after the death of the victim, unless specific written authorisation from the next of kin is obtained.
What is the BNS equivalent of IPC 228A?
IPC Section 228A → BNS Section 72. The same protection is preserved — media cannot disclose any identifying information of a rape/sexual offence victim, even after death, without specific legal authorisation.
Does Section 228A/BNS 72 apply to social media?
Yes — Nipun Saxena v. Union of India (2019) confirmed digital publication of victim identity is equally covered. Posting a rape victim's name, photo, or any identifying information on social media is a cognizable offence.
Can a victim disclose their own identity?
Yes — Section 228A contains an exception allowing disclosure with the victim's written consent. A survivor who chooses to publicly identify themselves is exercising their own right. The prohibition targets third-party disclosure.
Related IPC Sections
Legal Glossary
Related Legal Terms
The guilty mind — the mental element or criminal intent required for an act to constitute a crime.
latinThe guilty act — the physical act or omission that constitutes the external element of a crime.
latinThe obligation placed on a party to prove a fact in issue � in criminal cases, on the prosecution; in civil cases, usually on the plaintiff.
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