MISCELLANEOUSCentral

Section 153B of The Code of Civil Procedure, 1908

Place of trial to be deemed to be open Court.

The place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be 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 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.]

Summary

Civil trials are held in open courtrooms where the general public is allowed to attend.
The public is allowed access as long as the courtroom can comfortably fit everyone.
A judge has the power to restrict access to the public or specific people at any point during a trial.
This power to close the court applies to both full trials and smaller inquiries.
The judge may exercise this discretion if they believe it is necessary for a specific case.

Practical examples

1Amit wants to watch his neighbor's property dispute to learn about court procedures and is allowed to sit in the gallery because the court is open.

2During a sensitive trial about private family matters, Judge Rao decides to clear the room to protect the privacy of the people involved.

3A small courtroom is packed with fifty people, and the judge stops more from entering because there is no more room to sit safely.

FAQ

1. Are civil court cases open to the public under the Code of Civil Procedure, 1908 Section 153B?

Yes, Section 153B of the Code of Civil Procedure, 1908 states that the place where a trial is held is an open court where the public can generally attend.

2. Can a judge kick someone out of a trial according to Section 153B of the 1908 civil law?

Yes, under Section 153B of the 1908 civil law, the presiding judge can order that the public or a specific person not have access to the courtroom.

3. What limits are there on public attendance in civil courts under Section 153B?

Under Section 153B of the 1908 Code, the public has access as long as the building can conveniently contain them, but the judge can limit this for specific inquiries.

Test yourself

1.Under Section 153B of the Code of Civil Procedure, 1908, who has the final say on whether a trial remains open to the public?

2.According to Section 153B of the 1908 Code, when can a trial be closed to the public?

3.Does Section 153B of the civil law guarantee access to every single person who wants to watch?

4.If a judge decides to hold an inquiry in private under Section 153B of the 1908 Act, who can be excluded?

153APreviousSection 153A Power to amend decree or order where appeal is summarily dismissed.154NextSection 154 [Repealed.].

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