BNSS Section 366 — Court to be open

CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Criminal

Summary

A criminal court is generally open to the public, as long as the room can hold them. However, the judge or magistrate can order that the public or a specific person be excluded from the courtroom at any stage of a case. Trials for rape and certain other sexual offences under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act must be held in camera (privately), though the judge may allow specific people to attend. During such in-camera trials, no one may print or publish anything about the proceedings without the court’s permission, except that the ban on publishing rape trial details may be lifted if the names and addresses of the parties are kept confidential.

Official 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.

Sections referred to

Related Judgments

  • ASHOK vs STATE OF UTTAR PRADESH — Supreme Court of India (2024)
  • Vinayak Mahadev Sawant vs State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2025)
  • SOHEL @ BABLU @ BACCHAN KHAN vs STATE (NCT OF DELHI) — Delhi High Court (2025)

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