Evidence to be taken in presence of accused
Section 273 of the Code of Criminal Procedure, 1973 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 pleader. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Explanation.-In this section, "accused" includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.
Section 273, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 308 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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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
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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… It was submitted inter alia on behalf of the appellants that the entire trial was vitiated because the Trial Court had recorded statements of as many as twelve witnesses without ensuring presence of the appellants in Court. Relying on Section 273 of the Code of Criminal Procedure, 1973 ('the Code', for short), it was submitted that the procedure adopted by the Trial Court of recording statements of the witnesses, without ensuring the presence of the appellants, amounted to an incurable illegality and as such the trial ought to be declared to be vitiated and …
Questions about Section 273
What have the courts held on Section 273 of the Code of Criminal Procedure?
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: 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 273 of the Code of Criminal Procedure?
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: CRPC 273, section 273 CRPC, section 273 of the Code of Criminal Procedure. People searching for it also type crpc 273 in bnss and 273 crpc judgement. 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 273 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 308 (Evidence to be taken in presence of accused), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 273 of the Code of Criminal Procedure come into force?
Section 273 of the Code of Criminal Procedure, cited as CRPC 273, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.