What Is BNSS Section 308?

Bharatiya Nagarik Suraksha Sanhita, 2023 - 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 pleader.
• Provided that where 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.
• Explanation: In this section, accused includes a person in relation to whom any proceeding under Chapter IX has been commenced under this Sanhita.

Brefe Detail

Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandates that all evidence in a trial must be presented in the presence of the accused or their pleader if attendance is waived. Special provisions are made for the testimony of minors alleging sexual offences to protect them from direct confrontation with the accused, while still allowing for cross-examination rights.

Question & Answers

What is the main requirement of Section 308 regarding evidence?

All evidence must be taken in the presence of the accused or their pleader if personal attendance is waived.

Are there any special provisions for witnesses?

Yes, for women under eighteen years who allege rape or sexual offences, measures may be taken to prevent confrontation with the accused.

What does accused refer to in this section?

Accused refers to a person in relation to whom any proceeding under Chapter IX has commenced under this Sanhita.

Example

• Example 1: In a case involving a theft, the accused must be present when witnesses testify about the incident.
• Example 2: During a trial for sexual assault involving a minor, the court ensures the minor is not confronted by the accused while still allowing the accused to cross-examine.

Summary

Section 308 emphasizes the importance of ensuring the accused's presence during the evidence presentation while allowing for necessary protections for vulnerable witnesses, particularly minors in cases of sexual offences. This balances the rights of the accused with the need to protect the integrity of sensitive testimonies.