Section 273 of CrPC : Section 273: Evidence To Be Taken In Presence Of Accused
CrPC
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Explanation using Example
Imagine a scenario where a man is on trial for burglary. According to Section 273 of the Code of Criminal Procedure, 1973, the witnesses' testimonies against him must be given in his presence in court. However, the man has a medical condition that prevents him from attending court. The court may allow his lawyer to be present on his behalf while the witnesses give their evidence.
In another example, a minor girl has accused her neighbor of sexual assault. To protect her from the trauma of facing the accused, the court decides to record her testimony without the accused being present in the same room, perhaps using a video link. This ensures her safety and comfort while still upholding the accused's right to have his lawyer cross-examine her.
In Gujarat, if a key witness is abroad, the court might use Electronic Video Linkage to record their testimony, as per the state amendment to Section 273, ensuring the trial proceeds without unnecessary delay.
In Jharkhand, similar provisions would apply, allowing for testimonies to be taken via video conferencing, ensuring that the trial is conducted efficiently while the accused is able to participate through electronic means.