Legal Provisions of Section 273 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Evidence to be taken in presence of accused:
The section provides that evidence for prosecution and defence should be taken in the presence of the accused. Merely cross-examining the witnesses in the presence of the accused does not satisfy the requirement of this section. However, where the accused person by his own misbehaviour causes his expulsion from the Court room, such an expulsion will not be inconsistent with the provisions of Section 273 and in that case, evidence for prosecution and defence can be recorded without the presence of the accused. However, the expelled accused can reclaim his right to be present at the trial on a bona fide promise of proper behaviour.
ADVERTISEMENTS:
The explanation to this section makes it clear that the word ‘accused’ used in this section also includes a person against whom any proceedings for taking security for keeping peace and for good behaviour have been commenced under Chapter VIII of the Code.
The section empowers the Sessions Judge to dispense with the personal attendance of the accused and allow him to appear by pleader during the session’s trial. But where in a sessions trial, the prosecution evidence had been recorded in the absence of the accused without dispensing with his attendance at his request, the trial was held to be vitiated for contravention of the provision contained in Section 273 and was remanded to be tried de novo}
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Recording of evidence through video-conferencing:
ADVERTISEMENTS:
The development of information technology has in its wake necessitated a balance to be maintained between the convential rigid legal provisions of law and resort to new techniques of recording evidence. This can be possible by adopting the method of creative interpretation of provisions of law.
The Supreme Court in State of Maharashtra v. Dr. Praful B. Desai, has observed that it is the duty of judiciary that it should bring a change in its conventional attitude and respond favourably to the needs of the transforming progressive society and developments in technology. The internet and other information technologies have introduced many new techniques which were never in the contemplation of conventional law.
The examination of witnesses or accused through video-conferencing is one such technique which has saved much time in recording evidence and also eliminated delay involved in bringing the accused or undertrials from prison to the Court. It has also eliminated security and escorting problems of the police.
The Apex Court in the above case held that recording of evidence through videoconferencing is permissible under Section 273 of Cr. P. C. Interpreting the expression ‘presence of the accused’ used in this section pragmatically the court observed that it does not only include the physical or bodily presence of the accused/witness before the Court but his presence by video-conferencing shall also be construed as presence in the Court under this section for all purposes.