Section 308 BNSS: Evidence to be taken in presence of accused

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 308 BNSS at a Glance

Section 308 BNSS deals with evidence to be taken in presence of accused. It replaced Section 273 CrPC on 1 July 2024.

Was CrPC

Section 308 BNSS Bare Act Text

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.

Source: Section 308, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 308 BNSS in Simple Words

Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that, 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.

A proviso deals with the recording of 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.

An Explanation says that accused includes a person in relation to whom any proceeding under Chapter IX has been commenced under the Sanhita.

When Section 308 BNSS Applies

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.
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.
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.
In Section 308 BNSS, accused includes a person in relation to whom any proceeding under Chapter IX has been commenced under the Sanhita.

Example of Section 308 BNSS

Rohan is the accused in a trial, and the personal attendance of Rohan is dispensed with. Under Section 308 BNSS, the evidence of a witness is taken in the presence of the advocate of Rohan including through audio-video electronic means at the designated place to be notified by the State Government.

When Section 308 BNSS Does Not Apply

Section 308 BNSS speaks of the presence of the accused or his advocate when evidence is taken. It does not deal with the language in which evidence is taken down, which is the subject of Section 312 BNSS.
Section 308 BNSS speaks of the presence of the accused or his advocate when evidence is taken. It does not deal with the interpretation of evidence to the accused or his advocate, which is the subject of Section 314 BNSS.

Section 308 BNSS in the CrPC (Previous Law)

Section 308 BNSS replaces Section 273 CrPC from the old criminal code.

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.

View CrPC Section 273 →

FAQs on Section 308 BNSS

In whose presence shall evidence be taken under Section 308 BNSS?▼

Except as otherwise expressly provided, Section 308 BNSS says 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.

What does the proviso to Section 308 BNSS say about the evidence of a woman below eighteen years?▼

The proviso applies 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. It says 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.

Does Section 308 BNSS mention audio-video electronic means?▼

Yes. Section 308 BNSS reads in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government.

What changed from Section 273 CrPC to Section 308 BNSS 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. Section 308 BNSS reads his advocate where Section 273 CrPC read his pleader. Section 308 BNSS adds the words including through audio-video electronic means at the designated place to be notified by the State Government after his advocate. 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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·