Chapter XXIII
Section 273 CrPC: Evidence to be taken in presence of accused
New Law Update (2024)
Section 326 BNSS
TRIAL COURT
Any Criminal Court trying a case
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his pleader.
Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.
Explanation — In this section “accused” includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.
[As amended by The Criminal Law (Amendment) Act, 2013]
Important Sub-Sections Explained
Main Clause
This foundational part ensures the accused, or their legal representative, is present when evidence is recorded during a trial, upholding the fundamental principle of fair trial and natural justice.
Proviso
This crucial addition empowers courts to implement protective measures for vulnerable witnesses, particularly minor female victims of sexual offences, by preventing their direct confrontation with the accused while still preserving the accused’s essential right to cross-examination.
Landmark Judgements
Sakshi v. Union of India (2004):
The Supreme Court emphasized the need to protect child victims of sexual abuse during testimony, recommending measures like in-camera proceedings and avoiding direct confrontation with the accused. This ruling aimed to create a child-friendly legal environment while balancing the rights of the accused.
State of Punjab v. Gurmit Singh (1996):
This case underscored the importance of in-camera trials for victims of sexual offences, especially rape, to safeguard their dignity and privacy. The Court held that such proceedings are crucial to enable victims to depose freely without fear or embarrassment, ensuring a fair trial for both the victim and the accused.