Code: Section 366 BNSS
(1) The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far as the same can conveniently contain them:
Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.
(2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an offence under Section 64 , Section 66, Section 67, Section 68, Section 70 or Section 71 of the Bharatiya Nyaya Sanhita, 2023, or under Sections 4, 6, 8, or 10 of the Protection of Children from Sexual Offences Act, 2012, shall be conducted in camera:
Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the Court:
Provided further that an in-camera trial shall be conducted as far as practicable by a woman Judge or Magistrate.
(3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print or publish any matter in relation to any such proceedings except with the previous permission of the Court:
Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be lifted, subject to maintaining confidentiality of the name and address of the parties.
Explanation of Section 366 BNSS
Section 366 BNSS defines the rules regarding open court hearings and in-camera trials. While courts generally function as open courts for transparency, exceptions exist for sensitive cases like rape and child sexual abuse.
Key Provisions
- Open Court Hearings
- All criminal trials are publicly accessible.
- The Judge or Magistrate can restrict public access if necessary.
- In-Camera Trials for Sensitive Cases
- Cases involving rape and sexual offenses against children must be held privately (in-camera).
- The presiding officer may allow specific individuals to be present upon request.
- Wherever possible, these trials should be conducted by a woman Judge or Magistrate.
- Restriction on Media Coverage
- Publication of proceedings is strictly prohibited without court permission.
- Even if permitted, victim identity and details must be kept confidential.
Illustration
Example 1: Open Court Hearing
A theft trial is conducted in an open court, allowing public and media to attend. However, if there is a security concern, the Judge may restrict access.
Example 2: In-Camera Trial for Rape Case
A woman files a rape case under Section 64 BNSS. The trial is conducted in-camera, and no media outlet can report the details without court permission.
Example 3: Restriction on Publishing Details
A journalist writes an article about a rape trial. Even if they have permission to report, they cannot disclose the victim’s name or address.
Common Questions and Answers on Section 366 BNSS
1. Why are criminal trials held in open courts?
To ensure transparency and fairness in judicial proceedings. Public access prevents biased or secretive trials.
2. When can the public be restricted from attending a trial?
The Judge or Magistrate can restrict access if it is necessary for:
- National security,
- Victim safety,
- Public order,
- Protecting sensitive information.
3. Why are rape cases conducted in-camera?
To protect victims’ dignity and privacy, and to ensure they can testify without fear.
4. Can the media report on rape trials?
Only with court permission, and they cannot disclose the victim’s identity.
5. What happens if someone publishes restricted trial details?
Publishing trial details without permission is a punishable offense, and legal action may be taken.
Conclusion
Section 366 BNSS balances transparency and privacy in criminal trials. While courts are open to the public, exceptions exist for cases involving sexual offenses to protect the dignity of the victims. This provision ensures a fair trial process while safeguarding sensitive information.
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