Enacting Section 72 of the Bharatiya Nyaya Sanhita, 2023 (prohibiting the disclosure of the identity of…

Section 72 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 228A IPC), which penalises printing or publishing the name or any matter that may make known the identity of a victim of offences under Sections 64 to 71, is a special protective provision for women and children. Article 15(3) of the Constitution of India expressly empowers the State to make special provisions for women and children notwithstanding the general prohibition against discrimination. Articles 14, 16, and 19 do not contain this specific enabling clause for special protective legislation for women and children.