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Section 73: Printing or Publication of Court Proceedings Without Permission

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
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Section 72 All 358 Sections of Bharatiya Nyaya Sanhita Section 74

Legal Commentary & Landmark Judgments: Section 73

Section 73 penalizes printing or publishing any matter in relation to court proceedings without prior permission of the Court where proceedings are conducted in camera, prescribing imprisonment up to two years, and fine.

  • In Camera Proceedings Protection: Applies to judicial trials conducted in private under Section 366 BNSS (former 327 CrPC) or family court proceedings.
  • Mandatory Prior Permission: No report, transcript, or proceeding can be printed or published without express written permission of the presiding court.
  • Deterrence Against Media Trials: Protects judicial sanctity and prevents prejudicial trial-by-media in sensitive matrimonial and sexual offence adjudications.
Key Landmark Precedents:
  • Naresh Shridhar Mirajkar v. State of Maharashtra (AIR 1967 SC 1): A nine-judge bench held that courts possess inherent jurisdiction to hold trials in camera and prohibit publication of proceedings to prevent the administration of justice from being poisoned.
  • Nipun Saxena v. Union of India (2019) 2 SCC 703: Reiterated that publication of in camera sexual offence trials without court sanction is strictly punishable under penal law.
Courtroom Practice & Strategic Litigation Guidance:

Journalists and legal bloggers must never publish daily transcripts or witness testimony from in camera sexual offence trials. If court permission was not granted on the judicial record, immediate prosecution under Section 73 BNS ensues.

Section 72 All 358 Sections of Bharatiya Nyaya Sanhita Section 74