CrPC 327 — Court to be open

Code of Criminal Procedure, 1973

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  376,

[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 :
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.]

3. S. 327 renumbered as sub-section (1) thereof by Act 43 of 1983, s. 4 (w.e.f. 25-12-1983).

STATE AMENDMENT
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.]

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