Bharatiya Nyaya Sanhita, 2023
Section 73
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. Of criminal force and assault against woman
Why this exists
This provision continues the spirit of earlier Indian Penal Code protections (like Section 228A) that aimed to protect the dignity and privacy of victims—especially in sensitive cases such as sexual offences—by preventing media or individuals from publishing identifying or sensitive case details without judicial oversight. It balances the public's right to know about court proceedings with the need to prevent harassment, stigma, or prejudice to a fair trial.
Common misconceptions
- Myth: All court proceedings become secret under this law.
Fact: Only proceedings related to specific offences mentioned in Section 72 require prior permission before publication; general court reporting is not restricted by this section. - Myth: Publishing a High Court or Supreme Court judgment is illegal under this section.
Fact: The law specifically exempts published judgments of the High Court or Supreme Court from being an offence.