Introduction to Section 366 BNSS
Section 366 BNSS talks about the principle of open courts in criminal trials. It ensures that justice is transparent and visible to the public. However, it also provides important exceptions for sensitive cases, especially involving rape or sexual offences, where privacy and dignity are more important than public access. This section helps balance transparency and victim protection in the justice process.
What is BNSS Section 366 ?
BNSS Section 366 says that criminal courts in India should be open to the public during trials. However, in cases like rape or sexual offences, the court must hold the hearing privately (in-camera). It ensures that while justice is transparent, victims’ privacy is protected. The judge can also ban media from publishing sensitive details of such trials.
BNSS Section of 366 in Simple Points
1. Open Court Principle for Transparency
BNSS Section 366(1) confirms that all criminal courts should function as open courts. This means that the general public can attend and observe proceedings to maintain transparency. It ensures accountability of the justice system. However, this is allowed only if the courtroom can accommodate them conveniently, and does not disturb the trial. Public presence helps build trust in justice. But it comes with reasonable restrictions. The presiding judge always has the power to limit access if necessary.
2. In-Camera Trials for Sensitive Cases
Sub-section (2) of BNSS 366 mandates private hearings (in-camera trials) in cases involving rape or offences listed under Sections 64 to 71 of BNSS, or POCSO Act. These trials protect the mental and emotional safety of victims, especially women and children. Such hearings are held behind closed doors, keeping outsiders away. The court may permit only certain individuals to attend. This provision helps victims speak more openly without fear or social stigma. The law prioritizes the dignity of the victim above public interest.
3. Preference for Woman Judges in Sexual Offence Cases
BNSS 366 also states that in-camera trials should be conducted by a woman judge, if possible. This is a victim-friendly provision that ensures comfort and psychological safety for female survivors. Victims may feel more confident and secure sharing their experience with a woman magistrate. This point promotes a sensitive and gender-aware judicial approach. It reflects India’s commitment to safeguarding women’s rights. However, this is not mandatory, but highly encouraged by the law.
4. Ban on Media Publication Without Permission
According to BNSS Section 366(3), no person or media outlet can publish any matter relating to in-camera trials. This includes rape and child sexual abuse cases. Publishing such details may harm the victim’s dignity and identity. The law allows publication only with prior court permission, and even then, the name and address of the parties must remain confidential. Violating this provision is considered a serious breach of legal ethics. It protects the privacy and future of the survivor.
5. Balancing Transparency and Victim Protection
BNSS 366 is a balanced legal provision. On one side, it keeps trials open to the public, ensuring that the judiciary is fair and just. On the other side, it protects victims of sensitive crimes by offering privacy. This dual structure maintains both public confidence in the justice system and respect for personal dignity. The section empowers the judge to decide what is appropriate based on case facts. It ensures that justice is done and also seen to be done—without harming the vulnerable.
366 BNSS Overview
The section confirms that criminal trials are normally open to the public, promoting fairness and accountability. But it also permits courts to restrict access during sensitive proceedings. For sexual offence cases, in-camera hearings are compulsory to protect the victim. BNSS 366 empowers judges to allow or restrict individuals from attending based on the nature of the case. It also bans publishing any details of such trials unless allowed by the court.
BNSS Section 366: 10 Key Points Explained
1. Concept of an Open Court
BNSS Section 366 establishes that all criminal court trials and inquiries should be held in an open courtroom. This means that members of the public may attend and observe court proceedings. The goal is to maintain transparency in the justice system. However, this access is limited by how many people the courtroom can safely accommodate. The principle ensures that justice is not done in secrecy. It also allows the public and media to stay informed about legal proceedings. Open courts promote accountability among judicial authorities. Still, there are exceptions to this rule when privacy is required.
2. Discretion of Judge to Limit Public Access
While courts are generally open, the presiding Judge or Magistrate has the authority to limit public access. At any stage of the trial or inquiry, the court may order that certain individuals or the general public be removed from the courtroom. This power is used to maintain decorum, protect witnesses, or prevent influence over the trial. The judge may issue such directions orally or through written orders. This ensures that justice can proceed without unnecessary disruption. This clause gives flexibility to courts to manage sensitive situations. It balances public interest with courtroom discipline.
3. Special Provision for Rape and Sexual Offence Cases
Under Section 366(2), trials related to sexual offences like rape must be held in camera, meaning in private, with no public access. These include offences under Sections 64 to 71 of BNS, and Sections 4, 6, 8, and 10 of POCSO Act, 2012. This is done to protect the dignity and privacy of the victim. In such cases, the general rule of open court is overridden. The judge may allow select individuals to attend if necessary. The in-camera procedure makes the victim feel safe during the trial. This special provision shows the law’s sensitivity towards victims of sexual violence.
4. Women Judges for In-Camera Trials
BNSS 366 includes a human-centric feature for in-camera trials. It says that such sensitive cases should preferably be conducted by a woman judge or magistrate. This is to ensure a more empathetic and comfortable atmosphere for the victim. Victims, especially in rape or POCSO cases, may feel more at ease with a woman presiding over the trial. Though it is not mandatory, courts are encouraged to follow this practice wherever possible. This makes the process less intimidating and encourages victims to speak freely. It’s a step toward gender-sensitive justice. Such provisions increase victim participation in trials.
5. Restriction on Media and Publication
In cases under Section 366(2), no person is allowed to print or publish any details of the trial proceedings without prior court permission. This ban helps protect the privacy of the victim and avoid media sensationalism. Even if the court allows publication, the names and addresses of the parties must not be disclosed. This is particularly important in rape and child abuse cases. Violation of this rule can result in contempt of court or legal penalties. It ensures confidentiality, dignity, and mental peace for the victim. Courts may allow limited, sensitive reporting under strict conditions.
6. Importance of Public Confidence in Judiciary
The idea behind open courts under Section 366 is to build public confidence in the judiciary. When trials are open, people feel assured that justice is being served fairly. Transparency strengthens trust between the public and the legal system. At the same time, necessary limitations protect individuals’ privacy. This balance is vital in democratic societies. BNSS 366 attempts to uphold both principles—openness and discretion. It ensures that courts are neither secretive nor exposed to unnecessary public pressure. This way, justice remains both visible and dignified.
7. Legal Foundation for Media Regulation
Section 366(3) forms the legal foundation for media restrictions in sensitive criminal trials. The media cannot report anything related to the case unless the court grants permission. This applies even to newspapers, online news platforms, and social media. The purpose is to prevent character assassination or emotional distress to the victim. The law allows courts to lift the media ban only if the anonymity of the victim is maintained. Thus, the rule protects both free speech and personal privacy. It’s a modern approach to digital and print media handling during legal proceedings.
8. Role of the Judge in Balancing Rights
Section 366 places a strong responsibility on the judge to balance the rights of the accused, victim, and the public. The judge decides whether a trial should be held in open court or in-camera. The judge also decides who can be allowed inside during restricted proceedings. Their decisions must consider justice, fairness, and the emotional safety of the victim. These powers are not to be misused but to ensure smooth and respectful proceedings. This highlights the human and moral responsibilities of judicial officers under BNSS 2023.
9. Extension to Child Victim Cases under POCSO
The law also extends in-camera proceedings to cases involving children under the POCSO Act. Sections 4, 6, 8, and 10 of POCSO are mentioned clearly. Since children are extremely vulnerable, the law takes extra care to shield them from public exposure. This includes barring unrelated persons from the courtroom and prohibiting media coverage. Such provisions are critical in preventing trauma or mental health issues for child victims. BNSS 366 ensures that children are treated with utmost sensitivity and compassion in the legal system. It reflects child-centric legal reforms.
10. Practical Challenges and Solutions
While Section 366 is progressive, courts must implement it carefully. Overcrowded courtrooms, insufficient women judges, and lack of infrastructure can make in-camera trials difficult. Still, the section sets a strong legal benchmark. Courts can use simple methods like scheduling private hearings or using video conferencing in special cases. Victims’ rights and public interest must both be respected. Implementation with empathy and planning will help the law achieve its full impact. Section 366 is not just a legal rule—it’s a tool for dignified justice delivery.
Example 1:
In a theft case, the trial is conducted in an open court. Journalists and the public attend the proceedings. The judge allows open access because the case does not involve sensitive details.
Example 2:
In a rape case, the judge orders the trial to be conducted in-camera. Only essential personnel are allowed in the courtroom, and media is barred from reporting the details to protect the victim’s identity and mental well-being.
BNSS Section 366 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 366 |
| Main Rule | All criminal trials should be held in open court to ensure transparency and public trust in the justice process. |
| In-Camera Hearings | Cases involving sexual offences or POCSO Act must be conducted privately to protect the victim’s dignity and safety. |
| Media Restrictions | Publishing details of in-camera trials is prohibited without court approval, and victims’ identities must remain confidential. |
| Judicial Discretion | The Judge can restrict public access or allow limited attendance when necessary to maintain order or protect privacy. |
Why BNSS 366 is Needed?
BNSS Section 366 is essential because it protects two key pillars of justice—transparency and dignity. Open courts help the public see that trials are being conducted fairly. But when the case involves sexual violence, children, or women, privacy becomes more important than public access. This section ensures victims are not re-traumatized by public exposure or insensitive media coverage. It also encourages victims to come forward without fear. In today’s time, sensitive justice delivery is as crucial as strong punishment, and Section 366 helps achieve that.
BNSS Section 366 FAQs
BNSS 366
Conclusion
BNSS Section 366 ensures that justice is transparent by default but sensitive when needed. While most trials are open to the public, cases involving sexual offences or minors must be held privately to protect the victim’s dignity. The section also strictly limits media coverage, balancing fairness with privacy.
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