CRPC §273BNSS §308

Evidence to be taken in presence of accused

ModifiedConfidence: mediumStatus: cross checkedscope drift(observed)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §273
Evidence to be taken in presence of accused

273. Evidence to be taken in presence of accused.—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 pleader: 1[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 VIII has been commenced under this Code. STATE AMENDMENT Gujarat In the Code of Criminal Procedure, 1973 (hereinafter referred to as “the principal Act”), in section 273, after the words “in the presence of his pleader”, the words “or, as the case may be, through the medium of Electronic Video Linkage when the court on its own motion or on an application so directs in the interests of justice” shall be added. [Vide Gujarat Act 31 of 2017, sec. 2.]

New law
BNSS §308
Evidence to be taken in presence of accused.

308. 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.

What changedAI-inferred

Evidence to be taken in presence of accused — BNSS 308 introduces audio-video recording option.

Old position

CrPC 273 is concerned with Evidence to be taken in presence of accused. Evidence to be taken in presence of accused

New position

BNSS 308 modifies the framework. Topic: Evidence to be taken in presence of accused.. 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

BNSS 308 modifies CrPC 273. Evidence to be taken in presence of accused — BNSS 308 introduces audio-video recording option. BNSS 308 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,...

Editorial deltaAI-indicated (source-linked)

BNSS 308 carries forward the CrPC 273 rule that evidence taken in the course of trial or other proceeding shall be taken in the presence of the accused, or where personal attendance is dispensed with in the presence of the accused's advocate. The visible operative delta is the addition of a new permitted mode: including through audio-video electronic means at the designated place to be notified by the State Government. The minor-victim-confrontation-safeguard proviso (where the evidence of a woman below eighteen years alleged to have been subjected to a sexual offence is recorded, the Court may take appropriate measures) is preserved.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 273 continues to apply. For matters from that date forward, BNSS 308 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 308 (Evidence to be taken in presence of accused.). The relationship is classified as modified — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §273 → BNSS §308 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/273.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.