Section 366.   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 64, section 66, section 67, section 68, section 70 or
section 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the
Protection of Children from Sexual Offences Act, 2012 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.
C