Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXV: Evidence in Inquiries and Trials · A.—Mode of taking and recording evidence
Section 308: Evidence to be taken in presence of accused
In plain words
Unless the law expressly says otherwise, all evidence in a trial or proceeding must be taken in the presence of the accused, or their advocate if the accused's attendance is excused, including by audio-video at places the State notifies.
- When recording the evidence of a girl under eighteen years of age alleged to have suffered rape or another sexual offence, the court can make sure she is not confronted by the accused while preserving the accused's right to cross-examine.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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 advocate including through audio-video electronic means at the designated place to be notified by the State Government:
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 IX has been commenced under this Sanhita.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 308
No Supreme Court judgment in our database cites this section yet.