Code of Criminal Procedure, 1973

Evidence to be taken in presence of accused .

273 . 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.

COMMENTS

General rule of evidence in a trial - This section corresponds to section 353 of the old Code. It lays down a general rule that at any trial or other proceeding under the Code, all evidence shall be taken in the presence of the "accused" or, when his personal attendance is dispensed with, in the presence of his pleader. The expression "accused" includes a person in relation to whom any proceeding under Chapter VIII (Security for keeping the peace and for good behaviour) has been commenced. The corresponding provisions of the old Code applied only to a person who was accused of an offence.

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