Section 308. 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 designated place to be notified by the State Government:
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:
ExplanationIn this section, “accused” includes a person in relation to whom any proceeding under
Chapter IX has been commenced under this Sanhita.
Provisowhere 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.