In-Camera Proceedings

An in-camera proceeding is a judicial hearing from which the general public and media are excluded, although the judge, parties, lawyers and permitted persons remain present. For specified sexual offences, it protects the survivor's privacy and dignity while enabling the court to receive sensitive evidence in a controlled setting. It is an exception to the ordinary principle of open courts, not a secret process beyond judicial safeguards.

Statutory basis

Under Section 366(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, inquiries and trials for specified sexual offences must be conducted in camera; as far as practicable, they should be conducted by a woman judge or magistrate. Section 366(3) restricts publication of such proceedings without the court's prior permission, subject to confidentiality requirements.

• The corresponding earlier provision was Section 327(2)-(3) of the Code of Criminal Procedure, 1973.
• For child victims, Section 37 of the POCSO Act, 2012 separately requires the Special Court to conduct trials in camera and, ordinarily, in the presence of a trusted adult.

Why the law requires it

• Sexual-offence testimony can involve intimate personal details; excluding public access protects the survivor's privacy, dignity and personal security.
• A controlled environment reduces humiliation, intimidation and avoidable psychological distress while the survivor gives evidence.
• Confidentiality limits stigma, social retaliation and sensational dissemination, which might otherwise discourage reporting or truthful testimony.
• These protections improve the quality of evidence and support the administration of justice without diluting the prosecution's burden of proof.

Balance with open justice and fair trial

The restriction is limited to public access and publication; it does not remove ordinary procedural protections available to the accused. The presiding judge may permit particular persons to attend, thereby balancing survivor protection with fair-trial requirements and judicial accountability.

How UPSC asks this