Section 273 of CrPC : Section 273: Evidence to be taken in presence of accused.

Explanation using Example

Example 1:

Rajesh is accused of theft and is on trial in a court in Mumbai. During the trial, the prosecution presents a witness who claims to have seen Rajesh committing the theft. According to Section 273 of The Code of Criminal Procedure, 1973, this witness's testimony must be given in the presence of Rajesh. This allows Rajesh to hear the evidence against him and gives his lawyer the opportunity to cross-examine the witness.

Example 2:

Meena, a 17-year-old girl, is the victim in a case of sexual assault. During the trial, the court decides to record Meena's testimony. To protect her from the trauma of facing her alleged assailant, the court arranges for her to give her testimony from a separate room via video link. This ensures that Meena is not confronted by the accused while still allowing the accused's lawyer to cross-examine her, in compliance with the proviso in Section 273.

Example 3:

In a trial in Ahmedabad, the accused, Suresh, is unable to attend court due to severe illness. The court permits Suresh to be represented by his lawyer instead. During the trial, the court also decides to use electronic video linkage to record the testimony of a key witness. This decision is made in the interest of justice and is in line with the amendment to Section 273 by the Gujarat Act 31 of 2017, which allows for evidence to be taken through electronic video linkage.

Example 4:

An inquiry is being conducted against Ramesh under Chapter VIII of The Code of Criminal Procedure, 1973, for being a habitual offender. During the inquiry, evidence is presented against Ramesh. According to the explanation in Section 273, Ramesh is considered an "accused" for the purposes of this section, and therefore, the evidence must be taken in his presence or in the presence of his lawyer.