Rape trial proceedings can never be reported by the media under any circumstances.

The ban on publication can be lifted with the court's permission, as long as the confidentiality of the victim's name and address is maintained.

Bharatiya Nagarik Suraksha Sanhita, 2023

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 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 (32 of 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.§

Why this exists

Open courts are a fundamental safeguard of fair and transparent justice, letting the public see that trials are conducted properly. But for sexual offences, privacy protects victims from public exposure and further trauma, encourages survivors to testify candidly, and, by preferring a woman judge, aims to make the process more comfortable and less intimidating for victims who are very often women and children.

How courts read it

Courts have consistently upheld in-camera proceedings for rape and similar offences as necessary to protect the dignity and privacy of victims, treating this restriction as a reasonable exception to the general principle of open justice rather than a violation of it, and have similarly emphasised that unauthorised publication identifying rape victims undermines both their privacy and their willingness to come forward.

Common misconceptions

Myth: Rape trial proceedings can never be reported by the media under any circumstances.
Fact: The ban on publication can be lifted with the court's permission, as long as the confidentiality of the victim's name and address is maintained.