Section 273 CrPC: Evidence to be taken in presence of accused

Code of Criminal Procedure, 1973

Section 273 CrPC at a Glance

Section 273 CrPC deals with evidence to be taken in presence of accused. From 1 July 2024 it is replaced by Section 308 BNSS.

Now BNSS

Section 308 →

What Section 273 CrPC Says

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.

Source: Section 273, Code of Criminal Procedure, 1973

Section 273 CrPC in Simple Words

Section 273 of the Code of Criminal Procedure, 1973 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 pleader.

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 VIII has been commenced under the Code.

When Section 273 CrPC 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 pleader.
  • 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 273 CrPC, accused includes a person in relation to whom any proceeding under Chapter VIII has been commenced under the Code.

Example of Section 273 CrPC

Rohan is the accused in a trial, and the personal attendance of Rohan is dispensed with. Under Section 273 CrPC, the evidence of a witness is taken in the presence of the pleader of Rohan.

When Section 273 CrPC Does Not Apply

  • Section 273 CrPC speaks of the presence of the accused or his pleader when evidence is taken. It does not deal with the language in which evidence is taken down, which is the subject of Section 277 CrPC.
  • Section 273 CrPC speaks of the presence of the accused or his pleader when evidence is taken. It does not deal with the interpretation of evidence to the accused or his pleader, which is the subject of Section 279 CrPC.

Section 273 CrPC Under BNSS 308: What Changed

Section 273 CrPC is now covered under Section 308 BNSS.

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 detailed comparison (CrPC 273 vs BNSS 308) →

FAQs on Section 273 CrPC

In whose presence shall evidence be taken under Section 273 CrPC?▼

Except as otherwise expressly provided, Section 273 CrPC 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 pleader.

What does the proviso to Section 273 CrPC 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.

Who is the accused for the purposes of Section 273 CrPC?▼

The Explanation to Section 273 CrPC says that in Section 273 CrPC accused includes a person in relation to whom any proceeding under Chapter VIII has been commenced under the Code.

Where is Section 273 CrPC found in the BNSS from 1 July 2024?▼

Section 273 CrPC has no numbered sub-sections, and maps as a whole to Section 308 BNSS from 1 July 2024. Section 308 BNSS reads advocate where Section 273 CrPC read pleader, and adds the words including through audio-video electronic means at the designated place to be notified by the State Government.

Have questions about Section 273 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·