Section 327 of CrPC : Section 327: Court To Be Open

Explanation using Example

Example Application of Section 327 of The Code of Criminal Procedure, 1973

Imagine a scenario where a high-profile individual is accused of committing a crime, and the trial has garnered significant media attention. Due to the public interest, the courtroom is packed with journalists, members of the civil society, and curious onlookers. However, as the trial progresses and sensitive evidence is about to be presented, the presiding Judge decides to invoke Section 327(1) and orders that the public and specific individuals be removed from the courtroom to prevent the risk of prejudice or to protect the dignity of those involved in the case.

In another situation, consider a case involving charges of rape. According to Section 327(2), this trial must be conducted in camera, meaning in private, away from public view. The Judge ensures that only the legal parties involved and essential court personnel are present during the proceedings to protect the privacy of the victim. Furthermore, if possible, a woman Judge or Magistrate is appointed to conduct the trial to provide a sense of security and comfort to the victim.

Lastly, a local newspaper is interested in reporting on the in-camera proceedings of the rape trial. Section 327(3) prohibits the newspaper from printing or publishing any details of the case without the court's prior permission. The court may grant permission, but it will insist on the anonymity of the victim and the accused to maintain confidentiality and respect for the individuals involved.