Evidence to be taken in presence of accused
Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 designate The Act came into force on 01 Jul 2024.
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.
Section 308, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 273 Evidence to be taken in presence of accused Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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C.surekha Naga Durga vs The State of Ap. Rep Pp
Decided under Code of Criminal Procedure 273, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In criminal proceedings, a witness (particularly a complainant) residing abroad can be examined through video conferencing or Skype technology in the interest of justice, provided that: (1) the witness cannot be procured to attend court without unreasonable delay, expense or inconvenience; (2) comprehensive safeguards are implemented to ensure the reliability, authenticity and admissibility of the evidence; (3) the examination is conducted in a manner that satisfies the requirement of Section 273 CrPC that evidence be recorded in the presence of the accused; (4) video conferencing constitutes 'actual reality' and not 'virtual reality' and therefore satisfies the constitutional and procedural requirements of witness examination; and (5) the court has the inherent power under Section 482 CrPC to permit such examination when the interests of justice so require.
On this section: Section 273 CrPC provides that evidence shall be taken in the presence of the accused. The court interpreted this provision to permit video conferencing as a valid method of recording evidence, holding that 'in presence' does not necessarily mean physical presence but can include electronic presence through video conferencing technology.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… CRL.M.C. 5383/2024 & CRL.M.C. 5390/2024 1. CRL.M.C. 5383/2024 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of Sunil for quashing of FIR No. 0497/2020, under Sections 308 IPC, registered at P.S.: Mayur Vihar Phase-I and proceedings emanating therefrom. CRL.M.C. 5390/2024 under Section 528 of BNSS has been preferred on behalf of Ravinder for quashing of FIR No. 0495/2020, under Sections 308 IPC, registered at P.S.: Mayur Vihar Phase-I and proceedings emanating therefrom. Charge has …
Questions about Section 308
What have the courts held on Section 308 of the Bharatiya Nagarik Suraksha Sanhita?
C.surekha Naga Durga vs The State of Ap. Rep Pp (18 Jun 2018) is the leading judgment on this section among those set out below, though it was decided under CRPC 273, which this section replaced -- the court never mentioned this Act: Section 273 CrPC provides that evidence shall be taken in the presence of the accused. The court interpreted this provision to permit video conferencing as a valid method of recording evidence, holding that 'in presence' does not necessarily mean physical presence but can include electronic presence through video conferencing technology.
How do I find court cases under Section 308 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 308, section 308 BNSS, section 308 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 308(2) and bnss 308(5). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with C.surekha Naga Durga vs The State of Ap. Rep Pp (18 Jun 2018).
What should I read with Section 308 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 273 (Evidence to be taken in presence of accused), so the judgments decided under that provision are the case law on this one.
When did Section 308 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 308 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 308, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.