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(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is—
(a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or
(b) by, or with the authorisation in writing of, the victim; or
(c) where the victim is dead or a child or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim:
Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.
Explanation.— For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central Government or the State Government.
Read:Section 72 BNS
Frequently Asked Questions (FAQ)
What is Section 72(2) BNS (BNS 72(2))?
Section 72(2) BNS, or BNS 72(2), provides important exceptions to the rules set out in Section 72(1) BNS regarding the protection of crime victims’ identities. This part of the regulation clarifies when and how the identity of a victim can be disclosed, even though Section 72(1) generally prohibits such disclosures. Understanding these exceptions is crucial for anyone involved in legal processes, media reporting, or victim support.
Section 72(2) BNS outlines specific situations where the strict rules of Section 72(1) do not apply. While Section 72(1) prohibits revealing the identity of victims of certain crimes to protect their privacy, Section 72(2) sets out conditions under which such disclosures can be legally made. These exceptions ensure that there are appropriate safeguards while still allowing for necessary information to be shared under controlled circumstances.
Key Exceptions Under Section 72(2) BNS
Disclosure by Law Enforcement
One of the primary exceptions outlined in BNS 72(2) is for disclosures made under the authority of law enforcement. Specifically, if the officer in charge of the police station or the investigating officer issues a written order, this can override the general prohibition on revealing a victim’s identity. This means that if the disclosure is necessary for the investigation and is made in good faith, it is permitted. This exception ensures that the law enforcement process can proceed effectively while still considering the victim’s privacy.
Victim’s Own Authorization
Another important exception is when the victim themselves authorizes the disclosure of their identity. If the victim provides written consent, their name or other identifying details can be published. This provision respects the victim’s autonomy, allowing them to choose whether or not they want their identity to be revealed. This is particularly important in cases where victims may want to share their stories or advocate publicly.
Authorization by Next of Kin
When a victim is deceased, a child, or someone of unsound mind, Section 72(2) BNS allows for the disclosure of their identity if the next of kin provides written authorization. However, this authorization must come from the chairman or secretary of a recognized welfare institution or organization. The term “recognized welfare institution” refers to organizations acknowledged by either the Central Government or the State Government. This ensures that any decision to disclose the victim’s identity is made with appropriate oversight and care.
Importance of Section 72(2) BNS
Balancing Privacy with Practical Needs
Section 72(2) BNS plays a crucial role in balancing the need to protect victims’ privacy with practical requirements for legal and investigative processes. By providing clear exceptions, this regulation ensures that necessary information can be shared when required while still maintaining strict controls to protect victims from unnecessary exposure.
Supporting Victim Autonomy
Allowing victims to authorize the disclosure of their identity gives them control over their personal information. This respects their right to decide how and when their identity is revealed, which can be empowering for victims who wish to speak out or participate actively in the legal process.
Ensuring Oversight and Care
The requirement that next of kin’s authorization for disclosing the identity of a deceased, child, or mentally unsound victim must come from a recognized welfare institution adds a layer of oversight. This provision helps ensure that such decisions are made thoughtfully and with appropriate consideration for the victim’s best interests.
Conclusion
Section 72(2) BNS provides important exceptions to the general rule of protecting crime victims’ identities as outlined in Section 72(1) BNS. By detailing when and how disclosures can be made, it ensures that there is flexibility in the legal and investigative processes while still safeguarding victims’ privacy. Understanding these exceptions helps ensure that the balance between protecting individuals and meeting practical needs is maintained, supporting both victims and the broader legal system.
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