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Report No. 154

75. Amendment of section 327

Do you agree with the recommendation of the Law Commission in its 84th Report on 'Rape and Allied Offences: Some questions of substantive law, procedure and evidence' that trial in camera be held in cases of sexual offences in order to avoid embarrassment to the victim to relate the full glare of publicity and to enable her to give all the factual details in the following manner:

"Proviso to be added to section 327 of the Code of Criminal Procedure, 1973.-

Provided further that unless the presiding judge or magistrate, for reasons to be recorded, directs otherwise, the inquiry into and trial of rape or allied offence shall be conducted in camera.

Explanation.-In this sub-section, the expression 'rape or allied offence' applies to-

(a) an offence punishable under section 354 or section 354A of the Indian Penal Code;

(b) an offence punishable under section 376, section 376A, section 376B or section 376C of that Code;

(c) an attempt to commit, abetment of or conspiracy to commit any such offence as is mentioned in clause (a) or (b) of this Explanation."

Further, the following sub-section should be added to section 327:

Sub-section to be added to section 327, Code of Criminal Procedure, 1973 after re-numbering present section as sub-section (1).

"(2) Where any proceedings are held in camera, it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except with the previous permission of the Court."?

The Code of Criminal Procedure, 1973 Back

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