Section 308 of BNSS : Section 308: Evidence to be taken in presence of accused.

BNSS

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Explanation using Example

Example 1:

Rajesh is accused of theft and is on trial in a court in Mumbai. According to Section 308 of The Bharatiya Nagarik Suraksha Sanhita 2023, all evidence against Rajesh must be presented in his presence. During the trial, the prosecution presents a witness who claims to have seen Rajesh committing the theft. Rajesh and his lawyer are both present in the courtroom, and Rajesh's lawyer cross-examines the witness to challenge the testimony. This ensures that Rajesh has the opportunity to hear the evidence against him and to defend himself.

Example 2:

Priya, a 17-year-old girl, is a victim of a sexual assault case. The accused, Ramesh, is on trial. According to the proviso in Section 308, the court takes special measures to ensure Priya is not confronted by Ramesh during her testimony. The court arranges for Priya to give her ...

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