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Section 16: Proceedings to be held in camera

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005
Section 15 All 37 Sections of Domestic Violence Act, 2005 Section 17

Legal Commentary & Landmark Judgments: Section 16

Section 16 confers discretionary authority on the Magistrate to conduct domestic violence proceedings in camera if either party so desires or if the court considers it necessary in the interest of justice.

  • Party Application or Suo Motu Order: Proceedings shall be held in camera if either party to the application desires, or if the Magistrate is independently satisfied that confidentiality is warranted.
  • Protection of Dignity & Privacy: Guards sensitive personal details, intimate relationships, allegations of sexual abuse, and medical history from the glare of open courtrooms.
  • Shield Against Retaliation: Prevents public harassment, professional embarrassment, or social stigmatization of either spouse during contentious litigation.
Key Landmark Precedents:
  • Naresh Shridhar Mirajkar v. State of Maharashtra (1966) 3 SCR 744: Affirmed that judicial discretion to hold proceedings in camera is an inherent tool of courts to administer justice without exposing vulnerable litigants to humiliation or intimidation.
  • K.S. Puttaswamy v. Union of India (2017) 10 SCC 1: The 9-Judge Bench recognized informational privacy and bodily autonomy as fundamental rights; Section 16 directly furthers this constitutional guarantee in domestic relations.
Courtroom Practice & Strategic Litigation Guidance:

In cases involving allegations of unnatural sex, voyeurism, sexual abuse, or psychiatric disorders, make an oral or written motion under Section 16 at the very first hearing to conduct the trial in camera, requesting the Magistrate to exclude all unrelated litigants and public from the courtroom.

Section 15 All 37 Sections of Domestic Violence Act, 2005 Section 17