BNS Section 73: Printing or Publishing Any Matter Relating to Court Proceedings Without Permission

Section 73 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses the printing or publishing of matters related to court proceedings without prior permission from the court. This provision specifically prohibits the unauthorised dissemination of information concerning ongoing or concluded legal proceedings, ensuring that such disclosures do not compromise the integrity of the judicial process.
The provision aims to maintain the confidentiality and fairness of legal proceedings, protecting the rights of all parties involved while preventing the spread of misinformation or undue influence.

Definition of BNS Section 73

Section 73 of the Bharatiya nyaya sanhitha BNS 2023 States: 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 act of printing or publishing the judgment of any High Court or the Supreme Court is not considered an offense under this section.

Explanation and Illustration of Section 73 (Bharatiya Nyaya Sanhita, 2023)

Section 73 of the Bharatiya Nyaya Sanhita (BNS) 2023 prohibits the printing or publishing of any matter related to a court proceeding concerning offenses like rape or abuse, as detailed in Section 72, without prior permission from the court. If someone publishes such information without consent, they can face imprisonment for up to two years and may also be liable to a fine.

Illustration:
A local newspaper publishes details about an ongoing trial related to a sexual assault case without obtaining court permission. Under Section 73, the publisher could face imprisonment and a fine for disclosing such information prematurely. However, if the newspaper publishes the final judgment of the Supreme Court, it would not be considered an offense under this section.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points on BNS Section 73

Prohibition on Unauthorised Publication:It is prohibited to print or publish any material related to court proceedings involving the offenses outlined in Section 72 (such as serious crimes like sexual assault) without prior court approval. This ensures that sensitive legal details are only made public with court consent.

Punishment for Violation:Anyone violating this provision can face imprisonment for up to two years and/or a fine. This is to uphold the confidentiality and integrity of proceedings, particularly in cases involving victim protection.

Explanation:The restriction does not apply to the printing or publishing of judgments from the High Court or Supreme Court. These can be published without it being considered an offense, ensuring transparency in the judicial process at the highest level while safeguarding sensitive ongoing cases.

Objective:The section seeks to protect the privacy of court proceedings in cases involving vulnerable victims, such as those covered by Section 72, and to prevent unauthorised disclosures that could harm the individuals involved.

Differences Between Section 73 of BNS 2023 and its Equivalent IPC section

This section outlines the key differences between Section 73 and its equivalent Indian penal code IPC section 228A (3) focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
73	Printing or publishing any matter relating to court proceedings without permission.	228A (3)	Sub-section of IPC is treated as individual section in BNS with heading.

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FAQs about Section 73 of the Bharatiya Nyaya Sanhita (BNS)

Can media outlets publish details of court proceedings without permission?

No, they cannot publish such details unless authorised by the court, as per the stipulations of this law.

What types of media does Section 73 apply to?

This law applies to all forms of media, including newspapers, online platforms, television, and any other channels that print or publish content related to court proceedings.

Are there any exceptions to this rule?

The primary exception is for the publication of judgments from the Supreme Court or High Courts, which is not restricted by this section.

How does Section 73 protect victims?

It helps protect the privacy and dignity of victims involved in sensitive legal proceedings by restricting the public release of details that could expose their identities or circumstances.

Is violating Section 73 a bailable offense?

Yes, the offense under Section 73 is classified as bailable, meaning a person charged with this violation can secure bail before trial