CrPC · Chapter XXIII · Evidence in inquiries and trials

CrPC section 273 in the BNSS

CrPC 273BNSS 308

CrPC section 273, “Evidence to be taken in presence of accused”, is now BNSS section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 273 to BNSS 308

Now BNSS section 308. Evidence may be taken in the presence of the accused’s advocate, including through audio-video electronic means at a place the State Government designates.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 273 Evidence to be taken in presence of accused

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.

Bharatiya Nagarik Suraksha Sanhita, 2023

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 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.