In-camera trial and identity protection for rape survivors in Gurugram

One of the most common fears we hear from survivors considering whether to pursue a case is not about the legal outcome at all — it is about exposure. Will my name become public? Will I have to describe what happened in an open courtroom in front of strangers? The law actually addresses both concerns directly, though it is not always explained clearly at the point a survivor needs to hear it.

In-camera trial — what it actually means

Section 366 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requires that trials for rape and related sexual offences be conducted in-camera, which means the courtroom is closed to the general public during the proceedings. Only the parties, their lawyers, court staff, and anyone the presiding judge specifically permits are present. This is not discretionary in the way courtroom access is for most other criminal trials — it is a statutory requirement specifically because of the nature of these cases.

Who is actually present during your testimony

The judge, the public prosecutor, defence counsel, court staff, and — where engaged — the survivor's private lawyer. The accused is present, as the law requires the accused to be able to participate in their own trial, though courts have increasingly used video-conferencing and screening arrangements in appropriate cases to reduce direct confrontation where a survivor's testimony is affected by it. This is assessed case by case, and where it matters to you, it should be raised with your lawyer before the trial date, not on the day itself.

Identity protection under Section 72 BNS

Separately from the in-camera requirement, Section 72 of the Bharatiya Nyaya Sanhita makes it an offence to print or publish the name, or any matter that could reveal the identity, of a person against whom certain sexual offences — including rape — have allegedly been committed, without the required authorisation. This applies to media reporting, and it applies practically to how the case is discussed and documented at every stage, including in court records made available to third parties.

What this protection covers, and what it does not automatically stop

It restricts publication and public disclosure of identity — it does not, by itself, prevent the accused, their family, or their lawyer from knowing who the complainant is, since a fair trial requires the accused to know who is making the allegation against them. What it protects against is the wider public exposure — press coverage, social media, and community gossip that identifies a survivor by name. Where a breach happens — a local news report naming a survivor, for instance — that is itself a separate, actionable offence, and we have pursued that route for clients when it occurred.

Cross-examination limits

The proviso to Section 146 of the Bharatiya Sakshya Adhiniyam bars questions in cross-examination about a rape survivor's general character or previous sexual history, specifically to prevent trials becoming a referendum on the survivor rather than an inquiry into the specific allegation. Where defence questioning strays into this territory, it is objectionable, and part of a survivor's lawyer's role during trial is to be alert to exactly this and raise it immediately rather than after the fact.

Support persons and practical accommodations

A survivor can have a support person present when her statement is recorded under Section 183 BNSS, and courts have shown increasing willingness to make practical accommodations during testimony — screens, video links, and scheduling that avoids unnecessary repeated appearances. None of this is guaranteed automatically; it typically needs to be requested and, where the court is not proactive about it, pressed for.

What happens if you're worried about being recognised in your own community

This is a real and common concern, particularly in matters involving people known to each other. Beyond the legal protections above, practical steps — coordinating hearing dates to avoid overlap with people you know, and discussing with your lawyer in advance how the case will be referred to in any documents that might become visible to others — make a meaningful difference to how manageable the process feels day to day.

Frequently asked questions

Can the accused's family attend the trial?

No, not as a matter of right. In-camera proceedings under Section 366 BNSS restrict attendance to the parties, their counsel, and those the court specifically permits — general family members of either side do not have automatic access.

What happens if a newspaper publishes my name in connection with the case?

That is itself an offence under Section 72 BNS. It should be reported immediately, and a separate legal complaint pursued against the publication alongside continuing your own case.

Can I request that the accused not be in the room during my testimony?

This is not automatic, but courts have accommodated it in appropriate cases through screening or video arrangements. It needs to be specifically requested in advance through your lawyer or the public prosecutor.

Does in-camera trial mean the judgment itself is also kept secret?

No. The final judgment is a public document, though courts commonly avoid printing the survivor's name in the published judgment itself, referring to her by initials or as "the prosecutrix" instead.

For more on how these cases are conducted from FIR through trial, see our rape and sexual offence lawyer page. For a free first consultation, call +91 82954 13475 at any hour, or send the details of your matter. If you are in immediate danger, call 112. The women's helpline is 181.