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 is excused, in the presence of the accused’s pleader. If the witness is a woman under eighteen alleging rape or another sexual offence, the court may prevent direct confrontation with the accused while still protecting the accused’s right to cross-examination. 'Accused' also includes persons in proceedings under Chapter VIII.
Example
Diya, 17, gives evidence in a trial where she alleges she was raped. The court records her statement in a way that she is not confronted directly by the accused, while allowing the accused or his counsel to cross-examine her. In other cases, evidence must be recorded in the accused’s presence or that of his pleader.
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 pleader.
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.1
Explanation
– In this section “accused” includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.
1 Criminal Law (Amendment) Act, 2013
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