BNSS Section 308 — Evidence to be taken in presence of accused

CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS

Criminal

Summary

All evidence in a trial or other legal proceeding must be recorded while the accused person is present. If the accused is not required to be physically present, the evidence must still be recorded in the presence of their lawyer, including through audio-video electronic means at a place designated by the State Government. However, when recording the evidence of a woman under 18 who is alleged to have been raped or sexually assaulted, the court can take steps to ensure she does not have to face the accused, while still allowing the accused the right to cross-examine her. For this section, the term "accused" also includes a person against whom proceedings under Chapter IX of this Sanhita have been started.

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 advocate including through audio-video electronic means at the designated place to be notified by the State Government: 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 IX has been commenced under this Sanhita.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §273 — Evidence to be taken in presence of accused