What Is BNSS Section 366?

Bharatiya Nagarik Suraksha Sanhita, 2023 - 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:

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 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 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.

Brefe Detail

Section 366 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the rules regarding the openness of Criminal Courts. Key points include:

• Criminal Courts are generally open to the public, subject to space limitations.
• A presiding Judge or Magistrate can restrict access to the Court for specific cases.
• Trials for certain sensitive offences, like rape, must be conducted in camera.
• Publication of proceedings in such cases requires prior Court permission, although restrictions may be lifted while maintaining confidentiality.

Question & Answers

What does Section 366 state about the openness of Criminal Courts?

It states that Criminal Courts are deemed open to the public, allowing general access.

Can a Judge restrict public access to a trial?

Yes, a presiding Judge or Magistrate may order restrictions on public access for particular cases.

Which types of cases must be conducted in camera?

Trials for rape and certain offences under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act must be conducted in camera.

What is required for publication of proceedings held in camera?

Prior permission from the Court is required to print or publish any matter related to such proceedings.

Can the ban on publishing trial proceedings for rape cases be lifted?

Yes, the ban may be lifted while ensuring confidentiality of the names and addresses of the parties involved.

Example

- Scenario: A Criminal Court is hearing a public theft case.

Action: The courtroom is open to the public, allowing anyone to attend the trial.

- Scenario: A trial for a rape case is scheduled.

Action: The proceedings are conducted in camera, with only authorized individuals allowed inside the courtroom.

Summary

Section 366 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes that Criminal Courts are generally open to the public while allowing Judges to restrict access in sensitive cases. Trials for specific offences, such as rape, must be conducted in camera, and publication of proceedings in such cases is tightly regulated to protect the privacy of the parties involved.