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:
1[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.
STATE AMENDMENT
Gujarat
In the Code of Criminal Procedure, 1973 (hereinafter referred to as "the
principal Act"), in section 273, after the words "in the presence of his
pleader", the words "or, as the case may be, through the medium of Electronic
Video Linkage when the court on its own motion or on an application so directs
in the interests of justice" shall be added.
[Vide Gujarat Act 31 of 2017, sec. 2.]
Jharkhand
Amendment of Section 273.-In section 273 of Code of Criminal Procedure,
1973, in its application to the State of Jharkhand:-
(i) After the words "All
evidence taken in the course of the trial or other proceeding shall be taken in
the presence of the accused," the word "either in person or through the medium
of electronic video linkage" shall be inserted.
[Vide Jharkhand Act 2 of 2016, s. 3]
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1. Proviso ins. by Act 13 of 2013, s. 20 (w.e.f. 3-2-2013).
Code of Criminal Procedure (CrPC)
271 CrPC Power to issue commission for examination of witness in prison
273 CrPC Evidence to be taken in presence of accused
274 CrPC Record in summons-cases and inquiries
275 CrPC Record in warrant-cases
276 CrPC Record in trial before Court of Session
277 CrPC Language of record of evidence
278 CrPC Procedure in regard to such evidence when completed
279 CrPC Interpretation of evidence to accused or his pleader