open trial which, is caveated with a
directive that, in a case involving rape, trial "shall" be held in camera.
Simultaneously, it confers ... holding trial, he ought not to hold the
trial or the enquiry at such a place.
22.4 The principle of open trial was altered with
court. The Appex Court,
while emphasising the necessity of holding such trials
in camera, laid down that the court should as far as
possible avoid ... questions with greater case in not too familiar
a surroundings. Trial in camera would not only
be in keeping with the self respect
administration of justice itself and those of public
trial, public trial must yield to administration of
justice. In none of the cases to which ... that the court does not possess
inherent jurisdiction to hold a trial in camera if it is
satisfied that the ends of justice required
Virender vs The State Of Nct Of Delhi on 18 September, 2009
Author: Gita Mittal
claims of administration of justice itself and those of public trial, public trial must yield to administration of justice. In none of the cases ... that the court does not possess inherent jurisdiction to hold a trial in camera if it is satisfied that the ends of justice required
held that the High Court has inherent jurisdiction to hold a trial in
camera. The Supreme Court held as follows:-
"21. Having thus enunciated ... holding that the High Court has
inherent jurisdiction to hold a trial in camera if the ends of
justice clearly and necessarily require the adoption
given case, if necessity arises, court can also hold In-Camera trials to ensure deposition of the witnesses without any fear or embarrassment. My aforesaid ... open court and Section 327(2) provides for In-Camera trials for offences involving rape under Section 376 IPC and under Sections
directing the Respondent to make arrangements during
trial for:-
a) Entire court proceedings be got recorded in camera and the
same be preserved ... court concerned.
d) The court proceedings be conducted like a camera trial
wherein the APP for state, stenographer, Presiding officer,
reader, petitioner and his counselor
filed now.
Obviously, on the strength of the pleadings of
parties, learned Trial Judge is required to frame issues.
After framing of issues ... make an appropriate application
before the learned Trial Judge for in-camera trial of the
suit. On such an application being filed, the same
answer the questions with greater ease in not too familiar
surroundings. Trial in camera would not only be in keeping
with the self-respect ... trial courts
would take recourse to the provisions of Sections 327(2) and
(3) CrPC liberally. Trial of rape cases in camera should