Code
1[(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[(2) Notwithstanding anything contained in sub- section (1), the inquiry into and trial of rape or an offence under section 376, 3[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] section 376E of the Indian Penal Code (45 of 1860)] shall be conducted in camera :
4[Provided further that 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:]
4[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 name and address of the parties.]
STATE AMENDMENTS
Chhattisgarh
In sub-section (2) of the section 327 of the Code, for the words, figures and letters “or an offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code”, the words, figures, letters and punctuations “sexual harassment, outraging modesty of woman or an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, section 376D, section 376E, section 376F, section 509, section 509A or section 509B of the Indian Penal Code” shall be substituted.
[Vide Chhattisgarh Act 25 of 2015, s. 12.]
Arunachal Pradesh
Amendment of section 327.–In section 327 of the principal Act, in sub-section (2), for the words, figures and letters “section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code” the words, figures and letters “section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA or section 376E of the Indian Penal Code” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2019, s. 19]
Explanation
CrPC Section 327 states that:
- All trials, except in certain specific circumstances mentioned in the section, shall be held in public.
- The public has the right to attend court proceedings, ensuring transparency and accountability.
- The section aims to prevent secret trials and promote public confidence in the judiciary.
Illustrations
- In a murder trial, the public has the right to attend the proceedings and witness the evidence presented.
- A journalist can attend a court hearing and report on the proceedings for public awareness.
Common Questions and Answers
- Q: When can court proceedings be held in private?
A: Under certain circumstances, such as when:- The evidence is of a sensitive nature that could jeopardize national security.
- The trial involves minors or victims of sexual offenses.
- The judge deems it necessary to protect the safety of witnesses or the accused.
- Q: Does the public have the right to record court proceedings?
A: The right to record court proceedings is subject to the discretion of the court and may be restricted in certain cases, such as when recording could disrupt the proceedings or compromise the safety of individuals involved.
