Court to be open
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Summary
Criminal courts are normally open to the public so people may attend as space permits. The presiding judge or magistrate can exclude the public generally or specific persons at any stage. Trials for rape and certain related sexual offences must be held in camera; a woman judge or magistrate is preferred and the judge may allow particular persons in. Publication about in camera proceedings is banned without court permission; for rape reporting the ban can be lifted only if names and addresses remain confidential.
Example
Priya files an FIR alleging sexual assault. At trial the magistrate holds the hearing in camera because the offence falls under the specified sexual-offence sections, and on application allows only Priya, her lawyer, and a family member to be present. The press cannot publish the proceedings without the court's prior permission and must keep names and addresses 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 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 376, section 376A, section2 376AB, section 376C, section 376D, section 376DA, section 376DB or section 376E1 of the Indian Penal Code (45 of 1860) 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.
1 Criminal Law (Amendment) Act, 2013
2 Criminal Law (Amendment) Act, 2018
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