Section 366 BNSS: Court to be open

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 366 BNSS at a Glance

Section 366 BNSS deals with court to be open. It replaced Section 327 CrPC on 1 July 2024.

Was CrPC

Section 327 →

Section 366 BNSS Bare Act Text

(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.

Source: Section 366, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 366 BNSS in Simple Words

Section 366 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with whether a Criminal Court is open to the public. The place where a Criminal Court is held to inquire into or try an offence is deemed to be an open Court. The public generally may have access to it, so far as it can conveniently contain them. Under the proviso to section 366(1), the presiding Judge or Magistrate may, if thought fit, make an order at any stage of the inquiry or trial of a particular case. The order may bar the public generally, or any particular person, from access to, or from being or remaining in, the room or building used by the Court.

Despite section 366(1), the inquiry into and trial of rape shall be conducted in camera, meaning in private. The same applies to an offence under section 64, 65, 66, 67, 68, 70 or 71 of the Bharatiya Nyaya Sanhita, 2023. It also applies to an offence under sections 4, 6, 8 or 10 of the Protection of Children from Sexual Offences Act, 2012. Under the first proviso to section 366(2), the presiding Judge may allow a particular person to have access to, or be or remain in, the room or building used by the Court. The Judge may do so if thought fit, or on an application made by either of the parties.

Under the further proviso, an in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate. Under section 366(3), the following applies where proceedings are held under section 366(2). It shall not be lawful for any person to print or publish any matter in relation to those proceedings except with the previous permission of the Court. Under the proviso to section 366(3), the ban on printing or publication of trial proceedings for an offence of rape may be lifted, subject to maintaining confidentiality of the name and address of the parties.

When Section 366 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 366 BNSS

A Court is conducting the trial of an offence of rape. Under Section 366(2) BNSS, the trial shall be conducted in camera. On an application made by one of the parties, the presiding Judge allows a particular person to remain in the room used by the Court. Under Section 366(3) BNSS, it is not lawful for any person to print or publish any matter in relation to the proceedings except with the previous permission of the Court.

When Section 366 BNSS Does Not Apply

  • Section 366(2) BNSS speaks of rape or an offence under the sections that it names. It does not deal with the inquiry into or trial of any other offence, which is covered by Section 366(1) BNSS.
  • Section 366(3) BNSS speaks of proceedings held under Section 366(2) BNSS. It does not deal with proceedings that are not held under Section 366(2) BNSS.

Section 366 BNSS in the CrPC (Previous Law)

Section 366 BNSS replaced Section 327 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 366 BNSS

Is a Criminal Court an open Court under Section 366 BNSS?▼

Yes. Section 366(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says 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. The proviso lets the presiding Judge or Magistrate, 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.

Which inquiries and trials shall be conducted in camera under Section 366 BNSS?▼

Section 366(2) BNSS says 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, or 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, shall be conducted in camera. The first proviso lets the presiding Judge, 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. The second proviso says in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate.

Can proceedings under Section 366(2) BNSS be printed or published?▼

Section 366(3) BNSS says that 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. The proviso says 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 changed from Section 327 CrPC to Section 366 BNSS from 1 July 2024?▼

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.

Section 366 BNSS: Sub-sections Explained

Section 366(1) BNSS: Court to be open

▶

Bare Act Text

(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.

Previous Law

CrPC 327 → Section 366(1) BNSS

Section 366(2) BNSS: Court to be open

▶

Bare Act Text

(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.

Previous Law

CrPC 327(2) → Section 366(2) BNSS

Section 366(3) BNSS: Court to be open

▶

Bare Act Text

(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.

Previous Law

CrPC 327(3) → Section 366(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·