CrPC Section 327

Section 327 of the Criminal Procedure Code (CrPC), 1973 of India deals with the procedure to be followed during criminal trials in open court, ensuring transparency and fairness. Here’s a summary of what Section 327 says:

CrPC Section 327 – Court to be Open

Sub-section (1):

Criminal court proceedings shall generally be open to the public, meaning any person may attend the court during the trial.

However, the presiding judge/magistrate has the discretion to exclude the public or any person if they believe it is in the interest of justice, public order, or decency.

Sub-section (2):

Trials of rape and other sexual offences (under Sections 376, 376-A to 376-E of the IPC) must be conducted in camera (i.e., privately), not in open court.

Only the presiding judge and authorized persons may be present.

The press is also restricted from reporting these trials without prior permission.

Sub-section (3):

If the presiding judge allows reporting of such cases (rape, etc.), no publication should disclose the name or identity of the victim unless the victim provides written authorization or the court permits it for good reason.

Purpose of Section 327:

Ensures transparency in regular criminal trials.

Protects the privacy and dignity of victims in sensitive cases (especially involving sexual offences).

Balances the right to a public trial with the need for confidentiality in specific circumstances.

 

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