The government on Tuesday, December 12, introduced in Parliament three redrafted bills to replace the existing criminal laws by including various recommendations made by a parliamentary panel. With this, the government has widened the ambit of cases wherein court proceedings cannot be reported in the media without the court's permission.
As per the amended Bharatiya Nyaya Sanhita Bill, court proceedings in matters related to sexual intercourse by employing deceitful means, gang rape and punishment for repeat offender cannot be reported in the media without court's permission. These cases are in addition to the ones already in this bracket where reporting on proceedings is not allowed without the court's permission. However, media reporting of court proceedings in rape cases can be done but cannot reveal the identity of the victim.
Other cases where court proceedings cannot be reported without court's permission include punishment of rape, punishment of rape in certain cases, punishment for causing death, sexual intercourse by husband during separation, and sexual Intercourse by person in authority.
The Bharatiya Nyaya Sanhita Bill was introduced first in the Lok Sabha on August 11 along with Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam bills. The three bills seek to replace the Indian Penal Code, 1860, the Code of Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872, respectively.
In the reintroduced bills, at least five changes have been made. These include changes in Section 73, making it punishable to publish the proceedings of a court which may reveal the identity of victims of rape or that of similar offences without the court's permission.
Section 73 now 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."
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, it explains.
Home Minister Amit Shah had said the decision to withdraw these three bills and introduce them afresh was taken after the parliamentary standing committee on home affairs made recommendations suggesting changes. These recommendations were made after a series of discussions with domain experts and various stakeholders, Shah said.
(Edited by : C H Unnikrishnan)
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