Protecting the identity of Rape Victims and the Exceptions to This Protection

Abstract

Protecting the anonymity of rape victims is crucial for upholding their dignity and mental health. The Bharatiya Nyaya Sanhita, 2023 (BNS), explicitly forbids revealing information that identifies victims of rape under Section 72(1), aiming to reduce their risk of trauma and societal stigma. Nonetheless, there are designated exceptions under Section 72(2), such as for investigative reasons or with the victim's approval, where disclosure may be permitted to balance the need for privacy with the pursuit of justice. Concerns arise regarding this section that permits law enforcement to disclose identities in "good faith," as it could lead to misuse. While revealing identities may facilitate investigations, it must be approached cautiously to prevent further harm to rape victims. This analysis evaluates the safeguards in place for protecting the identities of rape victims under the BNS while addressing the circumstances that allow exceptions, underscoring the necessity for enhanced protective measures in the form of oversight by senior police officers or the judiciary. However, distinguishing unintentional errors from intentional breaches of a rape victim's identity is essential for protecting a police officer committing mistake in good faith.