Chapter XXIV
Section 327 CrPC: Court to be open
New Law Update (2024)
Section 355 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act 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 or 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.
Important Sub-Sections Explained
Section 327(1)
This sub-section establishes the general rule that criminal courts are open to the public, fostering transparency in judicial proceedings. However, it empowers the presiding judge or magistrate to restrict public access to the courtroom if necessary for a particular case, ensuring orderly conduct of the trial.
Section 327(2)
This crucial sub-section mandates in-camera trials for offenses like rape and other specified sexual assaults, prioritizing the privacy and protection of the victim. It further recommends that these sensitive trials be conducted by a woman Judge or Magistrate wherever feasible.
Landmark Judgements
Nipun Saxena v. Union of India (2019):
The Supreme Court held that while the identity of victims of sexual offences must be protected under Section 327(3) CrPC, the ban on printing or publishing trial proceedings may be lifted to allow public discourse and transparency, provided that the name and address of the parties are kept confidential. This clarified the scope of the proviso to Section 327(3).
Independent Thought v. Union of India (2017):
Though primarily concerning the interpretation of Section 375 IPC, this judgment highlighted the need for a victim-centric approach in trials involving child sexual abuse. It reinforced the importance of procedural safeguards, including in-camera trials, to ensure the privacy and comfort of child victims, aligning with the protective intent of Section 327(2).