BNS Section 73 – Printing or publishing any matter relating to Court proceedings without permission.

Amit Kapoor05 mins

Section in IPC – 228A

Printing or publishing any matter relating to Court proceedings without permission.

Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an offence referred to in section 72 without the previous permission of such Court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Explanation
The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.

Key Points on BNS-73: Restrictions on Publishing Court Proceedings

BNS-73 addresses the restrictions on printing or publishing matters related to court proceedings involving offenses that fall under Section 72, particularly focusing on protecting the identity and privacy of victims in sensitive cases.

1. Prohibition on Publication Without Permission

  • Illegal Publication: It is illegal to print or publish any material relating to court proceedings concerning offenses listed under Section 72 (e.g., sexual assault and other serious crimes) without prior court permission.
  • This provision ensures that sensitive legal cases, especially those involving vulnerable victims, remain confidential unless the court grants authorization for publication.

2. Punishment for Violation

  • Imprisonment and Fine: Anyone found violating this prohibition can face imprisonment for up to two years and/or a fine.
  • The punishment aims to maintain the confidentiality and integrity of the proceedings, ensuring that sensitive case details, especially those protecting victims, are not disclosed to the public without permission.

3. Explanation of Exemptions

  • High Court or Supreme Court Judgments: The printing or publication of judgments from the High Court or the Supreme Court is exempt from this restriction. Publishing these judicial decisions is allowed and does not constitute an offense.
  • This exemption ensures transparency in the judicial process at the highest levels while still protecting ongoing sensitive cases from public disclosure.

4. Objective

  • Protect Victim Privacy: The primary goal of BNS-73 is to preserve the privacy of court proceedings, especially those related to sensitive offenses under Section 72, and to prevent the unauthorized disclosure of details that could harm or exploit the parties involved.
  • Balancing Transparency and Protection: This provision seeks to balance the public’s right to know with the victim’s right to privacy, ensuring that the court’s transparency does not compromise the safety and well-being of those involved in sensitive cases.

Summary

BNS-73 restricts the publication of details regarding court proceedings for serious crimes covered under Section 72 without the prior permission of the court. Violations of this restriction can lead to up to two years of imprisonment and/or a fine. However, judgments from the High Court or Supreme Court are exempt from this rule. The main objective is to protect the privacy of victims and the integrity of sensitive cases, while still ensuring judicial transparency at the highest court levels.

Related News