CrPC Section 327 — Court to be open

CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

General

Summary

Sub-section (1) says that a place where a Criminal Court holds an inquiry or trial is treated as an open court. The public may attend to the extent the room can conveniently accommodate them. The presiding Judge or Magistrate may, at any stage of an inquiry or trial in a particular case, exclude the public generally or a particular person from entering or remaining in the court room or building.

Sub-section (2) requires inquiries and trials for rape and the offences listed in this sub-section under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E of the Indian Penal Code to be held in camera. The presiding Judge may allow a particular person to enter or remain in the court room or building, either on the Judge’s own initiative or on an application by either party. As far as practicable, an in-camera trial is to be conducted by a woman Judge or Magistrate.

Sub-section (3) makes it unlawful for anyone to print or publish material relating to proceedings held under sub-section (2) without the Court’s prior permission. For trial proceedings relating to rape, the ban on printing or publication may be lifted, provided the names and addresses of the parties remain confidential.

Official Text

3[(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. 4[

(2) Notwithstanding anything contained in sub- section (1), the inquiry into and trial of rape or an offence under section 376, 5[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: 6[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:] 6[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.] 5. Subs. by Act 22 of 2018, s. 17, for “section 376A, section 376B, section 376C section 376D” (w.e.f. 21-4-2018).

Sections referred to

Related Judgments

  • SWAPNIL TRIPATHI vs SUPREME COURT OF INDIA — Supreme Court of India (2018)
  • KEHAR SINGH & ORS. vs STATE (DELHI ADMN.) — Supreme Court of India (1988)
  • VINODKUMAR VRUNDAVANDAS; KANNABAR vs SUDHAKAR S. SURADKAR & ANR — Bombay High Court (Mumbai Principal Seat) (2024)

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