Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 366
Code: Section 366(1), (2), and (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Explanation
This section deals with the principle of open court proceedings and its exceptions, particularly in cases involving sensitive offenses like rape and sexual offenses against children.
- Sub-section (1): Generally, court proceedings are open to the public, allowing anyone to attend as long as there is space. However, the presiding judge can order the exclusion of the public or specific individuals if they deem it necessary for the fair and impartial conduct of the case.
- Sub-section (2): This subsection mandates that trials for rape and certain sexual offenses against children (as specified in the BNSS and POCSO Act) must be conducted in camera. This means the trial is held behind closed doors, preventing the public from attending.
- Sub-section (3): This subsection prohibits the publication of any information about in camera proceedings without the court’s prior permission. The exception is for rape cases, where the ban on publication can be lifted with the condition that the names and addresses of the parties remain confidential.
Illustration
Imagine a case of rape is being tried in a court. Due to the sensitive nature of the offense and the need to protect the victim’s privacy, the presiding judge orders the trial to be held in camera. This means that only the parties involved, their lawyers, and court staff can attend the trial. Any media publication about the trial is prohibited unless the court specifically grants permission.
Common Questions and Answers
- Q: Why are some trials held in camera?
A: In camera trials are conducted to protect the privacy and dignity of victims, especially in cases of sexual assault, and to ensure a fair and impartial trial free from undue influence. - Q: Who decides whether a trial should be held in camera?
A: The presiding judge has the discretion to order an in camera trial based on the specific circumstances of the case. - Q: Can the public ever attend a trial involving a sexual offense?
A: In some cases, the judge may allow specific individuals (like family members or support groups) to attend the trial, but this is at the judge’s discretion. - Q: Can the media publish any information about an in camera trial?
A: Generally, no. Publishing information about an in camera trial without the court’s permission is a violation of the law.
