CrPC 273→BNSS 308

CrPC 273 to BNSS 308: Evidence to be taken in presence of accused

Section 273 CrPC (1973) replaced by Section 308 BNSS (2023)

View CrPC Section 273 →View BNSS Section 308 →

CrPC 273 to BNSS 308 at a Glance

Section 273 CrPC (Evidence to be taken in presence of accused) is now Section 308 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 273 to BNSS 308?

From 1 July 2024, Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 273 of the Code of Criminal Procedure, 1973. The heading is the same. Section 308 BNSS reads his advocate where Section 273 CrPC read his pleader. Section 308 BNSS adds, after his advocate, the words including through audio-video electronic means at the designated place to be notified by the State Government. The Explanation to Section 308 BNSS refers to Chapter IX and this Sanhita where the Explanation to Section 273 CrPC referred to Chapter VIII and this Code. The proviso is the same.

CrPC 273 vs BNSS 308: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section273308
HeadingEvidence to be taken in presence of accusedSame

CrPC 273 and BNSS 308: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 273, CrPC 1973

273. 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 VIII has been commenced under this Code.
BNSS 2023 (in force)

Section 308, BNSS 2023

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: 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.

When It Applies: CrPC 273 vs BNSS 308

Under CrPC 273
  1. 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.
  2. When the personal attendance of the accused is dispensed with, the evidence shall be taken in the presence of his pleader.
  3. 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.
  4. In Section 273 CrPC, accused includes a person in relation to whom any proceeding under Chapter VIII has been commenced under the Code.
Under BNSS 308
  1. 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.
  2. When the personal attendance of the accused is dispensed with, the evidence shall be taken in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government.
  3. 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.
  4. In Section 308 BNSS, accused includes a person in relation to whom any proceeding under Chapter IX has been commenced under the Sanhita.

What CrPC 273 to BNSS 308 Means in Practice

Section 308 BNSS reads that, when the personal attendance of the accused is dispensed with, evidence is taken in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government. Section 273 CrPC reads in the presence of his pleader.

FAQs: CrPC 273 to BNSS 308

Which BNSS section replaced Section 273 CrPC from 1 July 2024?▼

From 1 July 2024, Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 273 of the Code of Criminal Procedure, 1973. The heading is the same: evidence to be taken in presence of accused.

What audio-video words does Section 308 BNSS add to Section 273 CrPC?▼

Section 308 BNSS adds, after his advocate, the words including through audio-video electronic means at the designated place to be notified by the State Government. Section 273 CrPC has no counterpart to these words.

What other differences are there between Section 273 CrPC and Section 308 BNSS?▼

Section 308 BNSS reads his advocate where Section 273 CrPC read his pleader. The Explanation to Section 308 BNSS refers to Chapter IX and this Sanhita where the Explanation to Section 273 CrPC referred to Chapter VIII and this Code. The proviso is the same.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·