Recording Evidence in the Presence of the Accused: With Relevant Case Laws

Abstract

Evidence is an essential part of a criminal trial. Courts consider oral testimony, documents and other legally admissible material to determine the facts of a case. Criminal procedure law sets out how evidence must be recorded to protect the fairness and integrity of the trial. "Recording evidence in the presence of the accused" generally means that evidence during a trial or proceeding must be recorded while the accused is present before the court. Where the court lawfully dispenses with the accused's personal attendance, evidence may be recorded in the presence of the accused's advocate, subject to the applicable law. This rule promotes transparency and allows the defence to know and respond to the evidence. It is connected with the principle of a fair trial. The current provision is Section 308 of the BNSS, 2023, in force from 1 July 2024. The corresponding earlier provision was Section 273 of the CrPC, 1973.