Court to be open
Section 366 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with court to be open. 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 think The Act came into force on 01 Jul 2024.
(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.
Section 366, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 327 Court to be open Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- Bharatiya Nyaya Sanhita s. 71 Punishment for repeat offenders
- s. 4 Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
- s. 6 Classes of Criminal Courts
- s. 8 Court of Session
- s. 64 Summons how served
- s. 65 Service of summons on corporate bodies, firms, and societies
- s. 66 Service when persons summoned cannot be found
- s. 67 Procedure when service cannot be effected as before provided
- s. 68 Service on Government servant
- s. 70 Proof of service in such cases and when serving officer not present
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Yashdeep Chahal vs Union of India
Decided under Code of Criminal Procedure 327, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The identity of a rape victim must be protected not only by concealing the victim's name but also by ensuring that no facts, photographs, village names, or other information that could lead to identification are disclosed in any media or public domain. The phrase 'matter which may make known the identity' in Section 228-A IPC has a broad interpretation encompassing all identifying information. Government authorities must implement Supreme Court directions for victim protection, including establishing criteria for recognized welfare institutions and setting up one-stop centres in every district. When similar proceedings are pending in another High Court, the court should refrain from initiating parallel proceedings to avoid conflicting orders and ensure coordinated justice.
On this section: Mandates in-camera trials for rape and sexual offence cases to protect victim privacy. Prohibits printing or publishing any matter relating to such proceedings without court permission. The court emphasized that evidence and victim statements cannot be disclosed.
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Indian Council of Legal Aid vs State Nct of Delhi
Decided under Code of Criminal Procedure 327, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The general principle of open court proceedings established under Section 327 Cr.P.C. and constitutional jurisprudence admits of exceptions where witness protection, privacy, and safety concerns justify in camera proceedings. A trial court may exercise judicial discretion to exclude media and public from specific witness depositions when the witness is vulnerable (such as a young female student) and has suffered reputational harm from media coverage, provided such exclusion is limited in scope and does not prevent media from reporting case outcomes and proceedings generally. The exclusion of media from witness deposition does not violate constitutional rights to press freedom or the principle of open court when justified by legitimate protective purposes.
On this section: Section 327 establishes the general rule that court proceedings must be held in open court. However, the court interpreted this as subject to exceptions where witness protection, privacy, or safety concerns justify in camera proceedings. The court held that the Additional Sessions Judge properly exercised discretion under this section.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 366
What have the courts held on Section 366 of the Bharatiya Nagarik Suraksha Sanhita?
Yashdeep Chahal vs Union of India (24 Jan 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 327, which this section replaced -- the court never mentioned this Act: Mandates in-camera trials for rape and sexual offence cases to protect victim privacy. Prohibits printing or publishing any matter relating to such proceedings without court permission. The court emphasized that evidence and victim statements cannot be disclosed. Another 1 judgment on this section is set out below. They run from 2006 to 2023.
How do I find court cases under Section 366 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 366, section 366 BNSS, section 366 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 366 2 and bns 366a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Yashdeep Chahal vs Union of India (24 Jan 2023).
What should I read with Section 366 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on Bharatiya Nyaya Sanhita 71 (Punishment for repeat offenders), section 4 (Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws), section 6 (Classes of Criminal Courts), section 8 (Court of Session), and on 6 further provisions, so none of them can safely be read on its own. It carries forward CrPC 327 (Court to be open), so the judgments decided under that provision are the case law on this one.
When did Section 366 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 366 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 366, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.