Section 366. Court to be open
(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:
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:
Provisothe 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:
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:
Provisothe 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:
Provisoin 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:
or publish any matter in relation to any such proceedings except with the previous permission of the Court:
Provisothe 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.
CHAPTER XXVII
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND