VoxJuris
Home › Acts › CrPC › Chapter XXIII › Section 273

Code of Criminal Procedure, 1973 · Chapter XXIII: Evidence in Inquiries and Trials · A.–Mode of taking and recording evidence

Section 273: Evidence to be taken in presence of accused

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BNSS section 308 (Evidence to be taken in presence of accused)

In plain words

Unless expressly provided otherwise, all evidence in a trial or proceeding must be taken in the presence of the accused, or their pleader if personal attendance is excused.

  • When recording the evidence of a woman below eighteen years of age alleging rape or another sexual offence, the court can take steps so she is not confronted by the accused, while preserving the 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 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.

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 (Legislative Department), the text of the Act as it stood before its repeal. 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 273