Understanding Section 273 CrPC: Evidence to be Taken in Presence of Accused

In the Indian criminal justice system, the rights of the accused are protected through various legal provisions. One such crucial provision is Section 273 of the Code of Criminal Procedure (CrPC), which mandates that evidence must be taken in the presence of the accused. This provision underscores the principle of natural justice, ensuring that the accused has a fair chance to hear the evidence against them and to challenge it appropriately.

This article delves into the intricacies of Section 273 CrPC, highlighting its significance, legal interpretations, and implications for both the prosecution and the defense.

Bare Act. Section 273 Cr.P.C.
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:
1[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.

STATE AMENDMENT
Gujarat
In the Code of Criminal Procedure, 1973 (hereinafter referred to as "the principal Act"), in section 273, after the words "in the presence of his pleader", the words "or, as the case may be, through the medium of Electronic Video Linkage when the court on its own motion or on an application so directs in the interests of justice" shall be added.
[Vide Gujarat Act 31 of 2017, sec. 2.]

Jharkhand
Amendment of Section 273.--In section 273 of Code of Criminal Procedure, 1973, in its application to the State of Jharkhand:--
(i) After the words "All evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused," the word "either in person or through the medium of electronic video linkage" shall be inserted.
[Vide Jharkhand Act 2 of 2016, s. 3]

1. Proviso ins. by Act 13 of 2013, s. 20 (w.e.f. 3-2-2013).

Section 273 CrPC: An Overview

Section 273 of the Code of Criminal Procedure (CrPC) states that all evidence must be taken in the presence of the accused or, when their personal attendance is dispensed with, in the presence of their legal representative. This ensures transparency in the trial process and upholds the accused’s right to a fair hearing.

Historical Context of Section 273 CrPC

The concept of taking evidence in the presence of the accused is deeply rooted in the principles of natural justice. Historically, this principle has evolved to prevent injustices that could arise from ex parte trials, where evidence is presented without the accused being able to defend themselves. The CrPC, established in 1973, incorporated this principle to reinforce the fairness and transparency of the criminal justice process in India.

The Legal Framework of Section 273 CrPC

Section 273 CrPC falls under Chapter XXIII of the Code, which deals with evidence in inquiries and trials. The section is a fundamental part of the procedural law ensuring that the accused is aware of the evidence being presented against them, thereby enabling a robust defense.

Significance of Presence of the Accused

The presence of the accused during the taking of evidence serves multiple purposes:

1. Transparency: It ensures that the trial process is open and transparent.
2. Fair Trial: The accused can challenge the evidence and cross-examine witnesses.
3. Informed Defense: The accused can make informed decisions regarding their defense strategy.

Exceptions to the Rule

While Section 273 mandates the presence of the accused, there are exceptions under specific circumstances:

• Discretion of the Court: The court may dispense with the personal attendance of the accused if it is of the opinion that the accused’s presence is not necessary.
• Representation by Legal Counsel: If the accused is represented by a lawyer, their presence can be excused.
• Video Conferencing: In modern times, courts have accepted video conferencing as a valid method for the accused to be present, especially when physical presence is not feasible.

Judicial Interpretations of Section 273 CrPC

Indian courts have consistently upheld the importance of Section 273 CrPC. Landmark judgments have reinforced that any evidence taken in the absence of the accused without valid reasons can be challenged and potentially rendered inadmissible.

Case Study: State of Maharashtra v. Dr. Praful B. Desai (2003)

In this case, the Supreme Court upheld the validity of taking evidence via video conferencing, recognizing it as a technological extension of the principle enshrined in Section 273 CrPC.

Challenges and Criticisms

Despite its importance, Section 273 CrPC faces certain challenges:

• Practical Difficulties: Ensuring the physical presence of the accused at all times can be logistically challenging.
• Misuse of Exemptions: There can be instances where the exemptions to the rule are misused, compromising the fairness of the trial.

Section 273 CrPC in the Context of Human Rights

Section 273 CrPC aligns with international human rights standards, particularly the right to a fair trial as enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

Global Comparisons

Similar provisions exist in other legal systems. For example, the Sixth Amendment of the United States Constitution guarantees the right of the accused to be confronted with the witnesses against them, mirroring the principles of Section 273 CrPC.

Technological Advances and Section 273 CrPC

With advancements in technology, courts are increasingly adopting methods like video conferencing to ensure compliance with Section 273 CrPC, especially in cases involving accused individuals who cannot be physically present due to health or security reasons.

Practical Implementation of Section 273 CrPC

Role of Legal Practitioners: Lawyers play a crucial role in ensuring that the rights of the accused under Section 273 CrPC are upheld. They must be vigilant in objecting to any evidence taken in the absence of the accused without valid reasons.

Impact on Criminal Trials

The implementation of Section 273 CrPC has a profound impact on criminal trials:

• Evidence Scrutiny: Evidence is scrutinized more rigorously, benefiting both the prosecution and the defense.
• Judicial Accountability: Judges are held accountable for ensuring that the accused’s rights are protected during the trial process.

Conclusion

Section 273 CrPC is a cornerstone of the Indian criminal justice system, ensuring that the principles of natural justice are upheld. By mandating that evidence be taken in the presence of the accused, it guarantees transparency, fairness, and an informed defense. As the legal landscape evolves, so too must the mechanisms for upholding this critical provision, ensuring that the rights of the accused are protected in every trial.

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