CrPC 327→BNSS 366

CrPC 327 to BNSS 366: Court to be open

Section 327 CrPC (1973) replaced by Section 366 BNSS (2023)

View CrPC Section 327 →View BNSS Section 366 →

CrPC 327 to BNSS 366 at a Glance

Section 327 CrPC (Court to be open) is now Section 366 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 327 to BNSS 366?

From 1 July 2024, Section 366 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 327 of the Code of Criminal Procedure, 1973. The heading is the same. Section 366(2) BNSS names Section 64 BNS, Section 65 BNS, Section 66 BNS, Section 67 BNS, Section 68 BNS, Section 70 BNS and Section 71 BNS where Section 327(2) CrPC named Section 376 IPC, Section 376A IPC, Section 376AB IPC, Section 376B IPC, Section 376C IPC, Section 376D IPC, Section 376DA IPC, Section 376DB IPC and Section 376E IPC. Section 366(2) BNSS also adds an offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 8 of the Protection of Children from Sexual Offences Act, 2012 or Section 10 of the Protection of Children from Sexual Offences Act, 2012, for which Section 327(2) CrPC has no counterpart. The rest of the text is the same.

CrPC 327 vs BNSS 366: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section327366
HeadingCourt to be openSame
Sub-sections3 sub-sectionsSame

CrPC 327 and BNSS 366: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 327, CrPC 1973

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 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 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E 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: 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.
BNSS 2023 (in force)

Section 366, BNSS 2023

366. 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 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 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 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.

When It Applies: CrPC 327 vs BNSS 366

Under CrPC 327
  1. Under Section 327(1) CrPC, 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.
  2. Under the proviso to Section 327(1) CrPC, the presiding Judge or Magistrate may, if thought 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.
  3. Under Section 327(2) CrPC, the inquiry into and trial of rape or an offence under Section 376 IPC, Section 376A IPC, Section 376AB IPC, Section 376B IPC, Section 376C IPC, Section 376D IPC, Section 376DA IPC, Section 376DB IPC or Section 376E IPC shall be conducted in camera.
  4. Under the first proviso to Section 327(2) CrPC, the presiding Judge may, if thought 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.
  5. Under the second proviso to Section 327(2) CrPC, in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate.
  6. Under Section 327(3) CrPC, where any proceedings are held under Section 327(2) CrPC, 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.
  7. Under the proviso to Section 327(3) CrPC, 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.
Under BNSS 366
  1. Under Section 366(1) BNSS, 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.
  2. Under the proviso to Section 366(1) BNSS, the presiding Judge or Magistrate may, if thought 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.
  3. Under Section 366(2) BNSS, the inquiry into and trial of rape or an offence under Section 64 BNS, Section 65 BNS, Section 66 BNS, Section 67 BNS, Section 68 BNS, Section 70 BNS or Section 71 BNS shall be conducted in camera.
  4. Section 366(2) BNSS also names an offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 8 of the Protection of Children from Sexual Offences Act, 2012 or Section 10 of the Protection of Children from Sexual Offences Act, 2012. The inquiry into and trial of those offences shall be conducted in camera.
  5. Under the first proviso to Section 366(2) BNSS, the presiding Judge may, if thought 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.
  6. Under the second proviso to Section 366(2) BNSS, in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate.
  7. Under Section 366(3) BNSS, where any proceedings are held under Section 366(2) BNSS, 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.
  8. Under the proviso to Section 366(3) BNSS, 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.

What CrPC 327 to BNSS 366 Means in Practice

From 1 July 2024, the provision in Section 327 CrPC is found in Section 366 BNSS. The differences in the text are in Section 366(2) BNSS: the sections of the Bharatiya Nyaya Sanhita, 2023 named in place of the sections of the Indian Penal Code, and the added offences under the Protection of Children from Sexual Offences Act, 2012.

FAQs: CrPC 327 to BNSS 366

Which penal sections does Section 366(2) BNSS name for in camera trial?▼

Section 366(2) BNSS names Section 64 BNS, Section 65 BNS, Section 66 BNS, Section 67 BNS, Section 68 BNS, Section 70 BNS and Section 71 BNS, in place of the sections of the Indian Penal Code named in Section 327(2) CrPC.

Does Section 366(2) BNSS name offences that Section 327(2) CrPC did not?▼

Yes. Section 366(2) BNSS adds an offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 8 of the Protection of Children from Sexual Offences Act, 2012 or Section 10 of the Protection of Children from Sexual Offences Act, 2012. Section 327(2) CrPC has no counterpart to this addition.

Where is Section 327 CrPC found in the BNSS?▼

Section 327(1) CrPC, Section 327(2) CrPC and Section 327(3) CrPC map to Section 366(1) BNSS, Section 366(2) BNSS and Section 366(3) BNSS.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·