Evidence to be taken in presence of accused.

What this section does

As a general rule, all evidence taken during a trial or other proceeding must be taken in the presence of the accused, or in the presence of his advocate (including through audio-video electronic means) when personal attendance is dispensed with. A special provision allows the court to take appropriate measures to ensure that a woman below eighteen years alleged to have been subjected to rape or a sexual offence is not confronted by the accused while preserving the accused's right of cross-examination. The term 'accused' includes persons against whom proceedings under Chapter IX have been commenced.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Criminal Court · Accused · Advocate

Time limit

None

Derived from CrPC s.273.