THE CODE OF CRIMINAL PROCEDURE, 1898

(V OF 1898)

[22nd March, 1898]

An Act to consolidate and amend the law relating to the Criminal Procedure

352.   Courts to be open. [1][(1)] The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed 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][(2) Notwithstanding anything contained in sub-section (1), the trial of offences under Sections 354-A, 376, 376-A, 377 and 377-B of the Pakistan Penal Code, 1860 (Act XLV of 1860) shall be conducted in camera:

Provided that the Presiding Officer, 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 Court.

(3) Where any proceedings are held under sub-section (2), the Government may adopt appropriate measures, including holding of the trial through video link or usage of screens, for protection of the victim and the witnesses.

(4)     When any proceedings are held under sub-section (2), it shall not be lawful any person to print or publish or broadcast any matter in relation to any such proceedings, except with permission of the Court.]

 



[1].       Renumbered by Crl. Law (Amdt.) (Offences Relating to Rape) Act, XLIV of 2016, dt. 22.10.2016.

[2].       Added by Crl. Law (Amdt.) (Offences Relating to Rape) Act, XLIV of 2016, dt. 22.10.2016.