The Supreme Court on November 28 rejected a plea by Tarun Tejpal, former editor of Tehelka magazine, for in-camera hearing of a rape case against him. Tejpal was accused of sexually assaulting a then colleague in Goa in November 2013.
Key points
- In-camera proceedings are private, unlike open court proceedings.
- Such proceedings are conducted as per the court’s discretion in sensitive matters to ensure protection and privacy of the parties involved.
- The proceedings are usually held through video conferencing or in closed chambers, from which the public and press are excluded.
- Section 327 of the Code of Criminal Procedure (CrPC) has detailed the types of cases that should be recorded on camera, including inquiry into and trial in rape case.
- The said section states that if the presiding judge or a magistrate thinks fit, she can order at any stage of the proceedings that the public generally, or any particular person, shall not remain present in the courtroom or the court building.
- The said provision says that the inquiry into and trial be held in camera for various offences punishable under section 376 (rape) of the Indian Penal Code; or offences including rape that could lead the victim to be in a vegetative state or death; rape of woman under 12 years of age; intercourse with wife during separation; intercourse by public servant with woman in his custody; sexual intercourse by person in authority; and gang rapes on adult and minor women.
- In such cases, the trial be conducted as far as possible by a woman judge or a magistrate.
- Section 327 of the CrPC states that it shall not be lawful to publish any matter in relation to in-camera proceedings except with the previous permission of the court.
- It adds that the ban on publishing of trial proceedings for offence of rape may be lifted subject to maintaining confidentiality of name and address of the parties.
- In-camera proceedings are usually conducted at family courts in cases of matrimonial disputes, including judicial separation, divorce proceedings, impotence, and more.
- In-camera proceedings are also conducted during the deposition of witnesses of terrorist activities as per the court’s discretion, so as to protect them and maintain national security.
(Source: Indian Express)
