BNSS 366 — Court to be open.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory 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 (45  of  2023) or  under sections  4, 6, 8 or section  10 of  the  Protection  of
Children from Sexual Offences Act, 2012 (32 of 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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