Code of Civil Procedure, 1908 | Section 153B

Section 153B CPC: Place of Trial Deemed to Be an Open Court

Section 153B of the Code of Civil Procedure, 1908 establishes the general rule that civil court trials are open to the public, subject to courtroom capacity and the presiding judge's power to restrict access in a particular case.

Text of Section 153B CPC

153B. 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.

Source: Code of Civil Procedure, 1908 - official India Code PDF. Check applicable local amendments and court rules.

Meaning and purpose of Section 153B

The provision gives statutory recognition to the open court principle: civil justice should ordinarily be administered in proceedings that members of the public can observe. The rule promotes transparency, public confidence and accountability in the judicial process. It does not guarantee unlimited seating or unrestricted access to every hearing.

Key legal requirements

General public access: A place where a civil court tries a suit is deemed an open court.
Capacity limitation: Admission is subject to the number of people the courtroom can conveniently accommodate.
Power of the presiding judge: The judge may exclude the public generally or a particular person from the courtroom or building in a particular inquiry or trial.
Timing: An exclusion order may be made at any stage of the relevant inquiry or trial.
Case-specific discretion: The proviso permits restrictions, but the ordinary rule remains public access, subject to other applicable laws and court directions.

When can a civil court restrict public access?

The proviso authorizes the presiding judge to direct that the public or a specified person may not enter or remain in the room or building used by the court. Restrictions may be relevant where necessary to protect privacy, confidentiality, safety, the integrity of evidence or the proper administration of justice. Whether such a restriction is justified depends on the case, governing law and judicial order; Section 153B does not automatically close proceedings in any category of dispute.

Important distinction: Open court access does not, by itself, confer a right to photograph, record, livestream or publish sensitive information from proceedings. Such activities are governed by separate rules, permissions and legal restrictions.

Open justice and constitutional principles

The Supreme Court considered open justice and access to proceedings in Swapnil Tripathi v. Supreme Court of India (2018) 10 SCC 639. It recognized livestreaming as a means of improving access to justice while emphasizing safeguards for litigant and witness privacy, confidentiality and the administration of justice. The judgment discusses Section 153B CPC in the context of public access to civil courts.

The Supreme Court's e-Committee has also published Model Rules for Live-streaming and Recording of Court Proceedings. These are model rules; the applicable High Court rules and directions must be checked for any particular court.

Practical illustrations

Ordinary civil hearing

A member of the public may ordinarily observe a civil trial if space is available and no valid restriction applies.

Privacy-sensitive evidence

During testimony involving sensitive personal material, the presiding judge may consider an appropriate order restricting attendance, subject to applicable law.

Disruptive spectator

A judge may direct a particular person to leave where necessary for the orderly conduct of the proceedings; public access does not authorize interference with court work.

Section 151 CPC preserves inherent powers of the court to secure the ends of justice or prevent abuse of process. Section 152 CPC concerns correction of clerical or arithmetical errors and accidental slips or omissions. Section 153 CPC concerns the general power to amend defects or errors in proceedings. These provisions have different purposes from the open court rule in Section 153B.

Frequently asked questions

Can the public attend civil court hearings in India?

Generally yes. Section 153B treats the place of civil trial as an open court, subject to convenient accommodation, court orders and applicable legal restrictions.

Can a judge hold a civil hearing without public attendance?

Yes. Under the proviso to Section 153B, the presiding judge may order exclusion of the public or specified persons in a particular case.

Does Section 153B allow anyone to record proceedings?

No. The right of ordinary access is distinct from permission to record or broadcast proceedings.

Official legal resources

This article is general legal information, not case-specific legal advice. Statutory provisions, local amendments and binding court rules should be checked for the relevant jurisdiction.