Section 327 CrPC: Court to be open

Code of Criminal Procedure, 1973

Section 327 CrPC at a Glance

Section 327 CrPC deals with court to be open. From 1 July 2024 it is replaced by Section 366 BNSS.

Now BNSS

What Section 327 CrPC Says

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.

Source: Section 327, Code of Criminal Procedure, 1973

Section 327 CrPC in Simple Words

Section 327 of the Code of Criminal Procedure, 1973 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 327(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 327(1), the inquiry into and trial of rape shall be conducted in camera, meaning in private. The same applies to an offence under section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code. Under the first proviso to section 327(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 327(3), the following applies where proceedings are held under section 327(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 327(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 327 CrPC Applies

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.
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.
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.
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.
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.
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.
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.

Example of Section 327 CrPC

A Court is conducting the trial of an offence of rape. Under Section 327(2) CrPC, 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 327(3) CrPC, 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 327 CrPC Does Not Apply

Section 327(2) CrPC speaks of rape or an offence under the sections of the Indian Penal Code that it names. It does not deal with the inquiry into or trial of any other offence, which is covered by Section 327(1) CrPC.
Section 327(3) CrPC speaks of proceedings held under Section 327(2) CrPC. It does not deal with proceedings that are not held under Section 327(2) CrPC.

Section 327 CrPC Under BNSS 366: What Changed

Section 327 CrPC is now covered under Section 366 BNSS.

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.

View detailed comparison (CrPC 327 vs BNSS 366) →

FAQs on Section 327 CrPC

Is a Criminal Court an open Court under Section 327 CrPC?▼

Yes. Section 327(1) of the Code of Criminal Procedure, 1973 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 327 CrPC?▼

Section 327(2) CrPC says 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. 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 327(2) CrPC be printed or published?▼

Section 327(3) CrPC says that 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. 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.

Where is Section 327 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. 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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·