Sunday, June 15, 2025
HomeThe Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023Section 308.   Evidence to be taken in presence of accused.

Section 308.   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:
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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