Section 308: Evidence to be taken in presence of accused

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 8 of our papers cite Section 308. Try these from the free papers:

1. 1. In State of Maharashtra v. Dr. Praful B. Desai (2003), the Supreme Court considered the requirement that evidence be taken in the presence of the accused (Section 273 CrPC, now Section 308 BNSS). It held that:

   A.video-conferencing may be used to record evidence only with the written consent of the accused given before the trial beginsB.evidence may be recorded by video-conferencing, and this satisfies the requirement that evidence be taken in the presence of the accusedC.evidence of a witness can never be recorded unless the witness is physically present in the same courtroom as the accused, the advocates and the JudgeD.evidence recorded by video-conferencing is admissible only as secondary evidence
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2. 2. Under the proviso to Section 308 of the BNSS, 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:

   A.take appropriate measures so that she is not confronted by the accused, while ensuring his right of cross-examinationB.record her evidence in the absence of both the accused and his advocate, and dispense with her cross-examination altogetherC.treat her statement recorded by the police during investigation as her evidence, without calling her as a witness at allD.proceed against the accused as if he were absent under Section 356, so that she need not face him
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