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BNSS · Section 366 · Chapter XXVI — GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Court to be open.

What this section does

Criminal Courts are deemed open courts to which the public generally may have access, subject to the presiding Judge or Magistrate's power to exclude the public or any particular person at any stage. Inquiries and trials for rape and specified sexual offences under the BNS 2023 and the POCSO Act 2012 must be conducted in camera, preferably by a woman Judge or Magistrate, and no person may print or publish any matter relating to such proceedings without prior court permission, though the ban on publication of rape trial proceedings may be lifted subject to maintaining confidentiality of the parties' names and addresses.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Presiding Judge · Magistrate · Public · Media
Time limit
None specified
Old-law correspondence

Derived from CrPC s.327.

Read the official text

For the binding statutory text of BNSS Section 366, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 366 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.