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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

A newspaper publishes the full text of a Supreme Court judgment in a case concerning an offence mentioned in section 72, without the permission of the Court. Under the Bharatiya Nyaya Sanhita, 2023, what is the position?

It is not an offence. Although printing or publishing court proceedings on a section 72 offence without permission is punishable, the Explanation provides that publishing the judgment of a High Court or the Supreme Court does not amount to an offence under that section.

  1. AIt is an offence punishable with imprisonment up to two years and fine
  2. BIt is an offence only if the High Court has not permitted it
  3. CIt is not an offence, as publication of a judgment of a High Court or the Supreme Court is excludedCorrect
  4. DIt is an offence only if the newspaper intended to harm the victim

Explanation

Section 73 punishes printing or publishing court proceedings on an offence under section 72 without the Court's permission, but its Explanation says that printing or publishing a judgment of a High Court or the Supreme Court is not an offence. Option A would apply to other proceedings, not to the judgment itself.

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