In Camera Trial or Proceedings

IN CAMERA PROCEEDINGS/TRIAL
Q) Write a note on “In-camera proceedings”?

A) (I) Definition - "In camera" proceedings are those proceedings held in private before a Judge, either in Court or in his chamber
and the press, general public and other parties who are not connected with the case are not allowed to be present at the time of
the hearing.
(II) Meaning of “in camera” - The expression in camera, literally “in the room,” is used in the sense of “privately” or “secretly.”
When the judge calls opposing attorneys to meet with him “in chambers,” they are meeting in camera.
(III) Rule of an open court –

(1) The rule is that the trial should be conducted in open court where the public can view, media can report to the world or people
who could not make it and the parties and witnesses to the suit shall watch the justice done. The usual course of a proceeding is
an open court.
(2) Open court allows the public to inspect the case and make an opinion. This system functions on the principles of natural
justice i.e. right to hearing and right against bias and only when there is access to the court proceedings, will laws be
amended to suit the structure of the current society.
(3) Open Justice enables the public to see how justice is administered and by subjecting it to public and press scrutiny, safeguards
the fairness of the trial. It builds the public confidence in judicial system enabling the public to know that justice is being
administered impartially
(4) The guilty should be ‘publicly condemned’, the innocent ‘publicly acquitted’ and ‘freed from suspicion’
(5) Another use of open court is that the public shall either criticize that the law has been misapplied or that the law itself needs
amendment
(6) Open court provide opportunity that public may produce additional witness
(IV) Exception to the Rule of Open Justice – “In camera” proceedings is exception to the rule of open court. General public and
people not related to the case are not allowed to be present. Media is not allowed to print or publish any matter regarding the
proceedings.
(V) People present during “in camera” proceeding - Only officers of the court, the parties to the case and their legal
representatives, witnesses and such other people as the judge allows will be in the courtroom while the case is being heard.
(VI) Reasons for in camera proceedings:-

(1) When the matter under trial is of obscene nature usually in sexual offences like rape, bestiality etc. and there may be
obscenity in cross examination. To keep the obscene matters and evidence away from public gaze and hearing, may it be civil
or criminal proceedings, such matters shall not be printed and published to save children adolescents, young girls, ladies and men
from having an ugly feature of our society and poisoning their minds.
(2) To protect the privacy and hence prevent harm to the reputation of the party in proceeding –
(i) Evidences in matrimonial disputes concerning cruelty, desertion, impotency, adultery, virulent and incurable form of leprosy,
communicable form of venereal disease etc. is likely to be of revolting character and affect the reputation of party directly in the eye
of general public.
(ii) It may deter the aggrieved to seek relief in courts.
(iii) It exposes the secrets of marital life.
(iv) It also discourages the weaker section to tell the truth for fear of being propagated and misunderstood in society.
(v) To prevent exposure of private matters of a family to society which may deter any instances of a reunion or may affect
prospects of another quality life for each party
(4) To maintain confidentiality for protection of witnesses.
(5) Where the matters of national security are concerned
(VII) Laws related to In-camera proceedings –
(1) S. 153 B, CPC – As per this section of Code of civil procedures, if judge thinks or deems fit, during any stage of trial or inquiry
into a case, may not allow the general public or any particular person to be present in court room.
(2) S. 327, CrPC –

(i) As per this section of Code of criminal procedures, if judge thinks or deems fit, during any stage of trial or inquiry into a case,
may not allow the general public or any particular person to be present in court room.
(ii) Inquiry into and trial of rape, or an offence under section 376, 376A, 376B, 376C, 376D, and 376E shall be conducted in
camera
(iii) Any particular person may be allowed to be present during trial as decided by judge or on an application made by either of the
parties
(iv) In camera trial shall be conducted as far as practicable by a woman judge or magistrate.
(v) Without the court’s permission, no matter related to case under in camera trial should be printed or published.
(3) (i) Sec. 22(1) in Hindu Marriage Act 1955 - Every proceeding under this Act shall be conducted In Camera and it shall not be
lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the
Supreme Court printed or published with the previous permission of the Court.
(ii) Section 22(2) of the Hindu marriage Act 1955 - "If any person prints or publishes any matter in contravention of the provisions
contained in Sub-section (1) he shall be punishable with fine which may extend to one thousand rupees."
(4) Section 11 in The Family Courts Act, 1984 – If the Family court desires or there is application from either party, the
proceedings may be held in camera.
(5) S.228 A of the I.P.C. - Disclosure of identity of the victim of certain offences viz; rape, or printing or publication of a proceeding
without prior permission of the Court is punishable with Imprisonment for two years and fine.
(6) Section 44 in The Unlawful Activities (Prevention) Act, 1967 - For the purpose of protection of witnesses, court if deems fit
may hold proceedings in camera and take any other measures for keeping the identity and address of the witness secret,
including prohibiting publishing of such proceedings. Violation of court orders is punishable with imprisonment upto 3 years and
also liable to fine.
(7) Article 19(2) of the Constitution of India also supports such a procedure - As per the said Article, State can make provisions
so as to impose reasonable restriction on the right of freedom of speech and expression in the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence.
(8) Section 7 of The Contempt of Courts Act 1971 - deals with publication of information relating to proceeding in chambers or in
camera. Such publication has been made contempt, where the publication is contrary to the provisions of any enactment for the
time being in force or where the court on grounds of public policy or in exercise of any power vested in it, expressly prohibits the
publication of all information relating to the proceedings and so on, and In default one shall be held guilty for contempt of the court
and .may be punished U/S. 12 of the Act with simple imprisonment for a term which may extend to six months or with fine which
may extend to Rs.2000/- or with both.

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IN CAMERA PROCEEDINGS/TRIAL

Q) Write a note on “In-camera proceedings”?

(III) Rule of an open court –

(VI) Reasons for in camera proceedings:-

(4) To maintain confidentiality for protection of witnesses.

(5) Where the matters of national security are concerned

(VII) Laws related to In-camera proceedings –

(2) S. 327, CrPC –

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