Camera Proceedings is generally used when the court seems it is necessary to protect the confidential information regarding the case. It is generally tried under the private chamber, where the general public & press is not available to access the premises, and it is totally depending on the discretion of the court in the nature of serious crime, especially in cases involving sensitive matters such as sexual offenses, matrimonial disputes, or cases involving minors.
WHAT ARE THE CAMERA PROCEEDINGS:
Camera proceeding is a private court where their general public and press doesn’t available to access such promises unlike open court, in addition this type of proceeding is discretion of the judge in the case of serious crime where there the court seems necessary to focus on implementation to protect the confidentiality of the case, and also don’t disrupt the court proceeding.
Provision of the BNSS under Section 366 describe about the camera proceeding.
COURT TO BE OPEN (SECTION 366 OF BNSS (Section 327 OF CRPC))
Provided That if the presiding Judge or Magistrate, as per the nature of the crime and condition of the victim, he thinks fit, pass an order for specific case, where the general Public and press shall not have access to or order to leave the court room or building to the press and public, except the judge and the legal representator of the parties with the accused and victims.
Furthermore, the camera proceeding shall be conducted the enquiry into and trial of rape or an offence u/s Section 64 – 68 and 70-71 of BNS, 2023 or U/S 4, 6 and 8 or U/S 10 of the POCSO, Act 2012, also this section further provided that there is nobody lawfully authorize to print or publish any subject matter in related to that case which is ongoing under the camera proceeding, except the previous permission of the court.
This section protects rape victims’ integrity as well as the maintaining confidentiality of the such case.
DISCLOSURE OF IDENTITY OF VICTIM OF CERTAIN OFFENCES, ETC (SECTION 72-73 OF BNS)
Section 72: protects the confidential information about the victim as well as prescribe punishment, if any individual shall be trying to disclose any single piece of information against any person whom an offence made under section 64-68 and 70-71 may shall liable to 2 years of imprisonment and shall also be liable to fine prescribed as there under the act.
Section 73: prescribed punishment for those individuals who prints or publishes any matter of document in related with any proceeding which was made before the court which has referred to in section 72 without the previous permission of such court, the person shall be liable to 2 years of imprisonment and also be liable to fine.
Various other act which provides the provision of in-camera proceeding to ensure the victims integrity and the confidential information in relation with the case.
Includes—
- The Protection of Children from Sexual Offence Act, 2012 (Section 33)
- The Juvenile Justice (Care and Protection of Children) Act, 2015 (Section 37)
- The Family Courts Act, 1984 (Section 11—proceeding to be held in camera)
The principale of ‘’in-camera/ proceeding is recognized and governed by various other statutes and rules In India.
Conclusion:
In camera proceeding play very pivotal role in ensuring fair, impartial and effective rule of justice by protecting confidential matter in relation with matter before the court proceeding, protects the interest of the parties as well, and upholding the principles of prevacy and confidentially in legal proceeding.
Do you know about the in camera proceeding where and when it was used?”
Reference:
- The BNSS, 2023 (bare Act)
- The BNS, 2023 (bare Act)
- By Law Notes, proceedings-in-camera, available at https://lawnotes.co/proceedings-in-camera/
- By Civils Daily, What are in-camera proceedings, when are they conducted? Available at https://www.civilsdaily.com/news/what-are-in-camera-proceedings/
