Court to be open
AI Assist
Summary
Courts are normally open to the public, but the presiding judge or magistrate may order the public or particular persons excluded. Trials for rape, certain sexual offences and some POCSO offences must be held in camera; the judge may allow particular persons and should, when practicable, have a woman judge or magistrate. Publishing in camera proceedings needs court permission; in rape cases publication may be allowed if names and addresses remain confidential.
Example
Priya files an FIR alleging rape. The trial must be held in camera, so the public cannot attend, though the judge may allow Priya's mother or a particular witness to be present. A journalist cannot print or publish details of the in camera proceedings without the court's permission; the court may permit reporting in the rape case only if names and addresses are kept confidential.
Bare Act
Enacted text(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 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 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 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 name and address of the parties.
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