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Section 327 - Court to Be Open in Code of Criminal Procedure, 1973

snapp 327 COCP 1973 0 Notes

Court to Be Open.

1[(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 building used by t he Court.

2[(2) Notwithstanding anything contained in sub-section (1 ), the inquiry into and trial of rape or an offence under section 376, section 376A, section 376 B, section 376C or section 376D of the Indian Penal Code (45 of 1860) 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.

3[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.

3[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.]

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1. Section 327 renumbered as sub-section (1) thereof by Act 43 of 1983, Section 4.

2. Inserted by Act 43 of 1983, Section 4.

3. Inserted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009.

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