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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVI: General Provisions As To Inquiries And Trials

Section 366 BNSS: Court to be open

Corresponding CrPC
Section 327 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

A Court holding an inquiry or trial is deemed an open Court to which the public generally has access, as far as it can conveniently contain them. The presiding Judge or Magistrate may order that the public generally, or any particular person, shall not have access to the room used by the Court. Further rules on certain offences are in the section.

Chapter XXVI: General Provisions As To Inquiries And Trials

  1. 337 Person once convicted or acquitted not to be tried for same offence
  2. 338 Appearance by Public Prosecutors
  3. 339 Permission to conduct prosecution
  4. 340 Right of person against whom proceedings are instituted to be defended
  5. 341 Legal aid to accused at State expense in certain cases
  6. 342 Procedure when corporation or registered society is an accused
  7. 343 Tender of pardon to accomplice
  8. 344 Power to direct tender of pardon
  9. 345 Trial of person not complying with conditions of pardon
  10. 346 Power to postpone or adjourn proceedings
  11. 347 Local inspection
  12. 348 Power to summon material witness, or examine person present
  13. 349 Power of Magistrate to order person to give specimen signatures or handwriting, etc
  14. 350 Expenses of complainants and witnesses
  15. 351 Power to examine accused
  16. 352 Oral arguments and memorandum of arguments
  17. 353 Accused person to be competent witness
  18. 354 No influence to be used to induce disclosure
  19. 355 Provision for inquiries and trial being held in absence of accused in certain cases
  20. 356 Inquiry, trial or judgment in absentia of proclaimed offender
  21. 357 Procedure where accused does not understand proceedings
  22. 358 Power to proceed against other persons appearing to be guilty of offence
  23. 359 Compounding of offences
  24. 360 Withdrawal from prosecution
  25. 361 Procedure in cases which Magistrate cannot dispose of
  26. 362 Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
  27. 363 Trial of persons previously convicted of offences against coinage, stamp-law or property
  28. 364 Procedure when Magistrate cannot pass sentence sufficiently severe
  29. 365 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  30. 366 Court to be open