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

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory 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.

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