Mera Samvidhaan All of Bharatiya Nagarik Suraksha Sanhita, 2023

Chapter XXV · Evidence in Inquiries and Trials

308Evidence to be taken in presence of accused

Section 308 · Chapter XXV · Mode of taking and recording evidence

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:

ProvisoProvided 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.

ExplanationIn this section, “accused” includes a person in relation to whom any proceeding under Chapter IX has been commenced under this Sanhita.

Section 308 of The Bharatiya Nagarik Suraksha Sanhita, 2023 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.