(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.
Bharatiya Nagarik Suraksha Sanhita
Section 366
Court to be open
⚡ Quick Answer Reference: Section 366 BNSS
- Provision: Section 366 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three
- Jurisdiction: India
- Summary: This section states that a court where a criminal case is being heard is considered an open court, where the public can attend, unless the judge decides otherwise. However, in cases of rape or certain other serious crimes, the trial will be held in private, and the judge may allow specific individuals to attend. The court may also ban the publication of trial proceedings in these cases.
What does Section 366 of BNSS say?
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What does Section 366 of BNSS mean?
Plain English Explanation
This section states that a court where a criminal case is being heard is considered an open court, where the public can attend, unless the judge decides otherwise. However, in cases of rape or certain other serious crimes, the trial will be held in private, and the judge may allow specific individuals to attend. The court may also ban the publication of trial proceedings in these cases.
Practical Interpretation
In practice, this section means that the public can generally attend court hearings, but the judge has the discretion to close the court in certain cases, such as rape trials. The judge may also allow specific individuals to attend these private hearings.
Core Legal Purpose
The core purpose of this section is to balance the right of the public to attend court hearings with the need to protect the privacy and dignity of victims and witnesses in serious crimes, particularly rape cases.
- •The court is considered an open court, where the public can attend, unless the judge decides otherwise.
- •The judge has the discretion to close the court in certain cases, such as rape trials.
- •The judge may allow specific individuals to attend private hearings.
- •The court may ban the publication of trial proceedings in certain cases.
Practical Example of Section 366 BNSS
Rajesh, a journalist, wants to attend a court hearing where a rape case is being tried. However, the judge has decided to hold the trial in private. Rajesh can still apply to the judge to attend the hearing, and the judge may grant permission. If the judge allows Rajesh to attend, he will be able to report on the trial, but he will have to maintain the confidentiality of the victim's identity and address.
Frequently Asked Questions about Section 366 BNSS
Q: What is the punishment or consequence under Section 366 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it relates to the conduct of court hearings.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to the classification of offences as bailable or cognizable.
Common Questions about Section 366 BNSS
What is Section 366 of BNSS?
Section 366 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Court to be open". In plain terms: This section states that a court where a criminal case is being heard is considered an open court, where the public can attend, unless the judge decides otherwise. However, in cases of rape or certain other serious crimes, the trial will be held in private, and the judge may allow specific individuals to attend. The court may also ban the publication of trial proceedings in these cases.
What is the punishment under Section 366 of BNSS?
Section 366 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 366 of BNSS bailable or non-bailable?
Whether Section 366 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 366 of BNSS?
The essential elements of Section 366 of BNSS are: The court is considered an open court, where the public can attend, unless the judge decides otherwise.; The judge has the discretion to close the court in certain cases, such as rape trials.; The judge may allow specific individuals to attend private hearings..
Landmark Judgments under Section 366 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 366
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