Evidence to be taken in presence of accused
AI Assist
Summary
All evidence at trial must be recorded in the presence of the accused, or if the accused’s personal attendance is excused, in the presence of their advocate, including by audio-video means at a place the State Government notifies. If a woman under 18 alleges rape or another sexual offence, the court may avoid confronting her with the accused while preserving the accused’s right to cross-examine.
Example
Priya, 16, says Rohan sexually assaulted her. When her evidence is recorded, the court can keep Priya from being made to face Rohan directly while still allowing Rohan or his advocate to cross-examine her, and the statement can be recorded by audio-video at the place notified by the State.
Bare Act
Enacted textExcept 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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