Court to be open
Section 327 of the Code of Criminal Procedure, 1973 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 1 Subs. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
3[(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
1 Subs. by Act 45 of 1978, s.27, for Magistrate (w.e.f. 18-12- 1978).
2 Subs. by s.27 ibid. fpr Certain words (w.e.f. 18.12.1978).
3 Renumbered by Act, --- of 1983, s.4.
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), he inquiry into and trial of rape or an offence under section 376, section 376A, section 376B, section 376C or section 376D of the Indian Penal Code 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) 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.]
CHAP
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND.
CHAPTER XXV
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND.
Section 327, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 366 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 The repealed enactment still governs what happened while it was in force.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.
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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Indian Council of Legal Aid vs State Nct of Delhi
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.
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Yashdeep Chahal vs Union of India
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.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Indeed, no such express provision is found in the Constitution regarding "open Court hearing" before the Supreme Court, but that can be traced to provisions such as Section 327 of the Code of Criminal Procedure, 1973 ( CrPC ) and Section 153-B of the Code of Civil Procedure, 1908 ( CPC ) which read thus: Section 327 CrPC "327. 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 …
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… Indeed, no such express provision is found in the Constitution regarding "open Court hearing" before the Supreme Court, but that can be traced to provisions such as Section 327 of the Code of Criminal Procedure, 1973 ( CrPC ) and Section 153-B of the Code of Civil Procedure, 1908 ( CPC ) which read thus: Section 327 CrPC "327. 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 …
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… Indeed, no such express provision is found in the Constitution regarding "open Court hearing" before the Supreme Court, but that can be traced to provisions such as Section 327 of the Code of Criminal Procedure, 1973 ( CrPC ) and Section 153-B of the Code of Civil Procedure, 1908 ( CPC ) which read thus: Section 327 CrPC "327. 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 …
Questions about Section 327
What have the courts held on Section 327 of the Code of Criminal Procedure?
Indian Council of Legal Aid vs State Nct of Delhi (27 Nov 2006) is the leading judgment on this section among those set out below: 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. Another 1 judgment on this section is set out below. They run from 2006 to 2023.
How do I find court cases under Section 327 of the Code of Criminal Procedure?
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: CRPC 327, section 327 CRPC, section 327 of the Code of Criminal Procedure. People searching for it also type crpc 327 in bnss and crpc 327 2. 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 Indian Council of Legal Aid vs State Nct of Delhi (27 Nov 2006).
What should I read with Section 327 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 376 (No appeal in petty cases), Indian Penal Code 376D (Intercourse by any member of the management or staff of a hospital with any woman in that hospital), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 366 (Court to be open), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 327 of the Code of Criminal Procedure come into force?
Section 327 of the Code of Criminal Procedure, cited as CRPC 327, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.