Consider Section 72 of the Bharatiya Nyaya Sanhita, 2023, read with the law laid down in Nipun Saxena v…
An adult victim may voluntarily authorize disclosure in writing under section 72(2)(b) of the BNS (formerly section 228A(2)(b) IPC). Under the stated interim procedure, a…
Choose your answer
Consider Section 72 of the Bharatiya Nyaya Sanhita, 2023, read with the law laid down in Nipun Saxena v Union of India on 11 December 2018 on the corresponding earlier provision. For publication of identity outside reporting of in-camera court proceedings, assess these statements:
I. An adult victim’s voluntary and conscious written authorization permits disclosure of her identity under Section 72(2)(b).
II. Under the interim judicial procedure stated in that judgment, disclosure of a deceased adult victim’s identity may be authorized on a next-of-kin application where the Sessions Judge finds circumstances justifying disclosure and permits it.
III. The rules governing disclosure of identity of deceased adult victims, adult victims of unsound mind and minor victims under POCSO are the same.
IV. An offence under Section 72(1) is punishable with imprisonment of either description up to two years and liability to fine.
Select the most accurate option.
Answer and explanation
Correct answer D
An adult victim may voluntarily authorize disclosure in writing under section 72(2)(b) of the BNS (formerly section 228A(2)(b) IPC). Under the stated interim procedure, a deceased adult victim's identity requires justified permission from the Sessions Judge; next-of-kin consent alone is insufficient. Minor victims instead require the POCSO Special Court to act in the child's interest. Unlawful disclosure under section 72(1) carries imprisonment up to two years and liability to fine.
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