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Journalism of Courage
The Supreme Court on Monday rejected a plea by Tarun Tejpal, former editor of Tehelka magazine, for in-camera hearing of a rape case against him. The High Court of Bombay in Goa is to hear the Goa government’s appeal against Tejpal’s acquittal in the case his colleague’s rape.
In-camera proceedings are private, unlike open court proceedings. 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.
In an open court or open justice system, which is the usual course of proceedings, the press is allowed to report on the matter being heard.
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. The law also prescribes that 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.
The Supreme Court bench led by CJI DY Chandrachud said that the object of section 327 of CrPC is to protect the victim’s rights so that she can depose fearlessly. It noted that while inquiry leading up to the trial is to be conducted in-camera and the proceedings have crossed that stage, the accused has no vested right to demand in-camera hearing.
