Section 327 of CrPC : Section 327: Court to be open.

Explanation using Example

Example 1:

Scenario: A theft case is being tried in a criminal court in Mumbai.

Application of Section 327(1): The courtroom is open to the public, meaning anyone can attend the trial and observe the proceedings. This ensures transparency and allows the public to witness the judicial process.

Exception: During the trial, the judge notices that a witness is feeling intimidated by the presence of a large crowd. The judge decides to order that the public be excluded from the courtroom while this particular witness gives their testimony to ensure they can speak freely without fear.

Example 2:

Scenario: A rape case is being tried in a criminal court in Delhi.

Application of Section 327(2): The trial is conducted in camera, meaning it is not open to the public. Only the essential court personnel, the accused, the victim, and their legal representatives are present. This is done to protect the privacy and dignity of the victim.

Exception: The victim's family requests that a close family friend be allowed to attend the trial for moral support. The judge considers the request and allows the family friend to be present during the proceedings.

Publication Ban: A journalist wants to write an article about the trial. According to Section 327(3), they cannot print or publish any details about the proceedings without the court's permission. The court grants permission but instructs the journalist to maintain the confidentiality of the victim's name and address.

Example 3:

Scenario: A case of sexual harassment is being tried in a criminal court in Raipur, Chhattisgarh.

Application of State Amendment to Section 327(2): The trial is conducted in camera, similar to rape cases, to protect the victim's privacy. This includes cases of sexual harassment, outraging the modesty of a woman, and other related offences under sections 354, 354A, 354B, 354C, 354D, 354E, 509, 509A, and 509B of the Indian Penal Code.

Exception: The victim's lawyer requests that a psychologist be allowed to attend the trial to provide emotional support to the victim. The judge considers the request and allows the psychologist to be present during the proceedings.

Publication Ban: A local news channel wants to report on the trial. They must seek the court's permission before publishing any details. The court grants permission but emphasizes that the victim's identity must remain confidential.