CRITICAL ANALYSIS OF RIGHT OF ACCUSED UNDER SECTION

273 OF THE CODE OF CRIMINAL PROCEDURE, 1973

6.2 CRIMINAL LAWS – II (CRIMINAL PROCEDURE CODE)

Submitted by:

Kartik Solanki

UID: UG2019-56

B.A.LL.B. (Hons.) 3rd Year, 6th Semester

Under the Supervision of:

Ms. Trisha Mittal

(Assistant Professor of Law)

Ms. Priyanka Mardikar

(Assistant Professor of Law)

April, 2022

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Certificate of Originality
I hereby certify that this paper titled “Critical Analysis of Right of Accused under Section
273 of the Code of Criminal Procedure, 1973” is my 0riginal w0rk. I affirm that any secti0n
0f the paper which has been submitted previ0usly is attributed and cited as such. I have
identified the s0urces 0f all inf0rmati0n whether qu0ted verbatim 0r paraphrased and all the
due ackn0wledgement 0f all the s0urces have been made in citati0ns.

I als0 declare that the c0ntent 0f this pr0ject is the pr0duct 0f my 0wn w0rk, except t0 the
extent that assistance fr0m 0thers in the pr0ject’s design and c0ncepti0n 0r in style,
presentati0n and linguistic expressi0n is ackn0wledged. I further agree that the name typed
0n the line bel0w in intended t0 have, and shall have, the same validity as my handwritten
signature.

Kartik Solanki

Semester VI, Year III.

Acknowledgement
I express my sincere gratitude and indebtedness to all those people who assisted me in
successful completion of the project. Their invaluable support and guidance helped in the
successful completion of the Project. I express my sincere thanks and heart full indebtedness
to Ms. Trisha Mittal, Assistant Professor of Law, MNLU, Nagpur for being the constant
sources of inspiration, knowledge and guidance all throughout my project. I am equally
indebted to my Parents and my Family members for unconditional support, motivation and
encouragement to do the challenging task. I deeply acknowledge their support and
inspiration. I am most grateful to all the scholars and academicians whose research and
writings have made an immense contribution to my project. I also want to thank all my
friends who have more or less cooperated in completion of the project. I acknowledge their
support.

i
 LIST OF ABBREVIATION

ABBREVIATION EXPANSION

AIR All India Reporter

Cal Calcutta
CrPC Code of Criminal Procedure, 1973
CriLJ Criminal Law Journal
ed. Edition
LW Law Weekly
p. Page
sec. Section
SC Supreme Court
SCR Supreme Court Reports
v. Versus

LIST OF CASES
S. NO. NAME OF THE CASE PG. NO
1. Atma Ram v State of Rajasthan (2019) 20 SCC 481 6
2. Bigan Singh v. King Emperor (1928) 29 Cri LJ 260 10
3. Guidelines for court functioning through video conferencing during 7
Covid-19 pandemic, re (2020) 6 SCC 686
4. Kishor Singh Ravinder Dev v State of Rajasthan 1981 (1) SCC 503 8
5. Ram Shankar v. State of Bihar 1975 Cri LJ 1402 10
6. Ram Singh v. R. (1951) 52 Cri LJ 99 10
7. Shivanarayan Kabra v State of Madras AIR 1967 SC 986 8
8. Sohan Lal v. State of Rajasthan (1990) 4 SCC 580 5
9. State of Maharashtra v Praful B. Desai (2013) 11 SCR 863 6
10. State of U.P. v Naresh (2011) 4 SCC 324 3
11. Sukanraj v. State of Rajasthan 1967 Cri LJ 1702 10
12. Zahira Habibullah Sheikh v. State of Gujarat (2006) 3 SCC 374 1,8

LIST OF STATUTES
NAME OF THE STATUTE PG. NO.

ii
 Human Rights Act 1998 1
The Code of Criminal Procedure, 1973 1

Table of Contents
Certificate of Originality.............................................................................................................i

Acknowledgement......................................................................................................................i

List of Abbreviation...................................................................................................................ii

List of Cases...............................................................................................................................ii

List of Statutes...........................................................................................................................ii

1. Introduction.........................................................................................................................1

1.1 Research Objectives....................................................................................................1

1.2 Research Questions.....................................................................................................1

1.3 Rationale of the Study.................................................................................................2

1.4 Research Methodology................................................................................................2

1.5 Limitation....................................................................................................................2

2. Right to Fair Trial...............................................................................................................3

3. Statutory Law......................................................................................................................4

4. Breaking down the Section.................................................................................................5

4.1 Meaning of the term “Accused”..................................................................................5

4.2 Meaning of the term “Evidence”.................................................................................5

5. Interpretation of the Law....................................................................................................6

6. Presence During Trial.........................................................................................................6

7. Accused Incapable of Understanding.................................................................................7

8. Expansion of the Right.......................................................................................................8

9. The Right is not Absolute in Character..............................................................................8

10. Exceptions to the Rule....................................................................................................9

11. Conclusion and Analysis...............................................................................................11

iii
12. Bibliography..................................................................................................................iii

iv
1. Introduction
Fair trial is an important aspect of our society without fair trial innocent people are convicted
this hinders the principles of rule of law and public faith in justice system. The right to a fair
trial is a right under article 6 of human right act 1998. 1 Rule of law ensuring administration
of justice talk about the fair trial of the convicts. Fair trial gives fair and proper opportunities
to prove innocence of the convict. An impartial judge shall treat all parties equally which is
the most important part of the judicial system.

In Zahira Habibullah Sheikh v. State of Gujarat,2 the Supreme Court of India stated that each
one has a right to fair trial. Refusal of a fair trial is not only an injustice to the accused but
also to the victim and to society. Fair trial means a trial before an impartial judge, a fair
prosecutor. Trial in which bias or prejudice for or against the accused, are present should be
eliminated.

A fair trial implies that it should be fair, both to the prosecution as well as the accused person.
Therefore, various rights in favour of the accused have been recognised by the Code of
Criminal Procedure, 1973 [hereinafter referred to as “CrPC” or “Code”] with a view to
make the trial fair to the accused person – one of such rights is provided under Section 273 of
the Code.3 The afore-stated provision states that evidence has to be taken in presence of the
accused. The Researcher in this paper shall critically breakdown and analyse all the
components of Section 273 of the Code.

1.1 Research Objectives

- To throw light upon the concept of fair trial.
- To analyse and interpret the right of accused under Section 273 of the Code.

1.2 Research Questions

1. What is the concept of right to fair trial as observed under the Code of Criminal
Procedure, 1973?
2. What does the phrase “in presence of” indicates as enumerated under Section 273 of the
Code?
3. Whether the right provided under Section 273 of the Code is an absolute right?
1
Article 6, Human Rights Act 1998 reads as, “Everyone has the right to recognition everywhere as a person
before the law.”
2
(2006) 3 SCC 374.
3
Section 272, Code of Criminal Procedure, 1973.

1
4. What are the exceptions to Section 273 of the Code?

1.3 Research Methodology

Doctrinal research has been followed for the completion of this project. Textbooks related to
this topic have been referred to. Several primary sources such as statutes have also been
referred for this project. The other major source of information is the internet. The
accessibility of technology has made it possible for students to research on any topic
irrespective of discipline. Articles available on the internet concerning the project have been
taken into account for this project through the internet. The main purpose was to find that sort
of information which would simplify this topic and would help the readers in reaching a
logical conclusion. Major source of information for this project have been books and internet.
Those websites have been referred to which have information regarding the topic to explain
the relevance of this topic.

1.4 Limitation
The limitation of the study is th0se characteristics 0f design 0r meth0d0l0gy that have
impacted the interpretati0n 0r applicati0n 0f results 0f the researcher’s w0rk. The research is
limited to educational purposes only. Only that information could be furnished which was
available and whose availability could be authenticated. The researcher was unable to
perform empirical research due to non-availability of proper resources, time and restriction to
the domain of the research.

2. Right to Fair Trial

Fair trial means a trial conducted by an impartial judge and where both the parties have equal
opportunity to defend themselves. Everyone has a right to fair and impartial trial undertaken
by an independent judge. Fair trail ensures that where a person who is being accused of an
offence, he is not denied his rights necessary to defend and protect himself. The principles of
fair trial are presumption of innocence, trial before an independent, impartial and competent
judge, prohibition on double jeopardy, knowledge of accusation and adequate opportunity,
right to open trial, speedy trial, trial in presence of accused, evidence to be taken in presence
of accused, expeditious trial, hearing in open court, cross examination of prosecution
witnesses and free legal aid.

Section 304 of the Code of Criminal Procedure provides the right to fair trial. Article 10 of
Universal Declaration for Human Rights declares that everyone entitles in full equality to a

2
fair and public hearing by an independent and impartial trial, in the determination of his legal
rights and obligations and of any criminal charges against him. Article 14 (1) of the
International Covenant on Civil and Political Rights provide that all people shall be equal
before the court and tribunals.

An accused is innocent until proved guilty. The onus of proving guilt of accused is on the
prosecution. This principle originated from Latin legal maxim eiincumbitprobatio qui dicit,
non quinegat. The maxim means that burden of proof rests on the one who asserts and not the
one who denies. Presumption of innocence is a fundamental principle, having recognition in
human rights. Article 11 (1) of Universal Declaration of Human Rights reads ‘Everyone
charged with a penal offence has the right to be presumed innocent until proved guilty
according to the law in a public trial at which he has had all the guarantees necessary for his
defence’.

The apex court in the case of State of U.P. v Naresh,4 held that every accused is assumed to
be innocent unless the guilt is proved. The presumption of innocence is a human right subject
to the statutory exceptions. This principle forms the basis of criminal jurisprudence in India.

The right of the accused to be present during the trial while evidence is recorded is one of the
elements of right to fair trial which is ensured by the Constitution of India. There are
numerous provisions in the Code of Criminal Procedure which encourage the right to fair
trial. One of such provisions is section 273 of the Code of Criminal Procedure which provides
for mandatory presence of the accused during recording evidence of a case.

3. Statutory Law
Section 273 of the Code of Criminal Procedure states that:

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.]

4
(2011) 4 SCC 324.

3
Explanation. — In this section, “accused” includes a person in relation to whom any
proceeding under Chapter VIII has been commenced under this Code.

State Amendments to Section 273 of Code of Criminal Procedure –

Gujarat: 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, S. 2].

Jharkhand: In its application to the State of Jharkhand, in Section 273 (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].

Rajasthan: In its application to the State of Rajasthan, in Section 273, after the existing
expression ‘shall be taken in the presence’ and before the existing expression ‘of the
accused’, the expression, ‘whether physically or through the medium of audio-video
electronic means’, shall be inserted. [Vide Rajasthan. Act 1 of 2019, S. 4].

4. Breaking down the Section

4.1 Meaning of the term “Accused”

Accused is a person who is charged in a criminal case. The word is mostly used for the
defendant in a criminal case. It is a person who has been arrested for or formally charged with
a crime.5 The accused in a criminal case is the criminal, the person who has committed the
crime. If the crime is proved, then the accused is charged with appropriate punishment. The
accused, under Indian law, is provided with many rights which ensure fair trial. Section 273
of the Code of Criminal Procedure gives a right to the accused, of being present during
recording of evidence.

Further, the explanation to Section 273 says that “accused” includes a person in relation to
whom any proceeding under Chapter VIII has been commenced under this code, as also
observed in the case of Sohan Lal v. State of Rajasthan.6 Chapter VIII referred to in the
explanation deals with security proceedings against any person for keeping the peace and for
good behaviour.
5
Merriam Webster Dictionary, Website: Accused | Definition of Accused by Merriam-Webster, merriam-
webster.com, (Visited on April 4, 2022).
6
(1990) 4 SCC 580.

4
4.2 Meaning of the term “Evidence”

Evidence is something that furnishes truth. It is something legally submitted to a tribunal to

ascertain the truth of a matter. It is material that is presented to a court of law to help find the
truth about something. It is to offer, show or indicate something. It is material presented to a
court to help find the truth about something. Evidence is something, as testimony, writings or
objects, presented at a judicial or administrative proceeding, for the purpose of establishing
the truth or falsity of an alleged matter of fact. Best evidence is that which is the most reliable
and most direct in relationship to what it is offered to prove. 7 The judgement of the court is
completely based upon the evidences produced before the court. Because of this reason,
evidence holds very high importance in trial, and thus, the rule of mandatory presence of
accused while recording of evidence was incorporated in the Code of Criminal Procedure.

5. Interpretation of the Law

In the case of Atma Ram v State of Rajasthan,8 the Supreme Court of India stated that the
right of the accused under section 273 of CrPC with respect to evidence to be taken in his
presence is a valuable right. However, any infringement thereof is curable and would not
vitiate the trial. In the same case the court stated that ‘having regard to expression “Except as
otherwise provided...” As occurring in section 273 Code of Criminal Procedure, held,
exceptions to application of section 273 Code of Criminal Procedure must be those which are
expressly provided in Code of Criminal Procedure like in sections 299 and 317 Code of
Criminal Procedure. In circumstances mentioned in those sections, (299 and 317), courts
would be justified in recording evidence in absence of accused. In view of use of words in
later part of section 273 Code of Criminal Procedure, ‘when his personal attendance is
dispensed with, in the presence of his pleader’, further held, section 273 also provides for a
situation in which evidence could be recorded in absence of the accused.

The rule contained in section 273 of the Code of Criminal Procedure can be interpreted as a
great right given to the accused which can easily be misused by intentionally being absent
during trials so that the trial gets stopped on option of the accused. But this interpretation is
rejected by the Court because although there is presumption of innocence towards accused,
but still the accused cannot be given complete control of the trial as the victim also has a right
to fair trail and right to speedy justice.
7
Merriam Webster Dictionary, Website: Evidence | Definition of Evidence by Merriam-Webster, merriam-
webster.com, (Visited on April 4, 2022).
8
(2019) 20 SCC 481.

5
6. Presence During Trial
The issue before the Supreme Court in the case of the State of Maharashtra v Praful B.
Desai9 was whether the accused must be physically present during recording of evidence in a
criminal trial. Section 273 of Code of Criminal Procedure does not provide for recording of
evidence by video conferencing. The High Court had laid emphasis on the words ‘express as
otherwise provided’ and stated that unless there is an express provision to the contrary
procedure laid down in section 273 is to be followed mandatory. The High Court held that the
accused must be physically present in flesh and blood, in open Court. The Supreme Court
rejected this contention and allowed presence of accused through video conferencing. The
Court referred to section 3 of the Evidence Act, which allows oral, documentary and
electronic records to be produced as evidence. Thus, evidence in criminal trials includes
video conferencing. The apex court also observed that the Code of Criminal Procedure is an
ongoing statute, and the interpreter is to presume that Parliament intended the Act to be
applied at any time in future. So, the interpreter has to make allowances regarding changes
that have occurred in society, law and technology.

The court in the case of State of Maharashtra v P. B. Desai,10 held that section 273 of CrPC
provides for dispensation from personal attendance. In such cases, evidence can be recorded
in presence of the pleader. Thus, the presence of pleader is deemed to be a presence of
accused. therefore, actual presence is not necessary, a constructive presence is also enough.

Further, in Guidelines for court functioning through video conferencing during Covid-19
pandemic, re11 the Supreme Court observed that until appropriate rules are framed by the
High Courts, video conferencing shall be mainly employed for hearing arguments whether at
the trial stage or at the appellate stage. In no case shall evidence be recorded without the
mutual consent of both the parties by video conferencing. If it is necessary to record evidence
in a courtroom, the presiding officer shall ensure that appropriate distance is maintained
between any two individuals in the court.

7. Accused Incapable of Understanding

If the accused is found incapable of understanding the proceedings by reason of unsoundness
of mind, his case will be dealt with according to the provisions contained in sections 328 to
339 of the Code of Criminal Procedure. An accused person, though not of unsound mind may

9
(2013) 11 SCR 863.
10
Ibid.
11
(2020) 6 SCC 686.

6
be deaf and dumb, may be foreigner not knowing the language of the country and no
interpreter is available; and if such accused is unable to understand or cannot be made to
understand the proceedings, there is a real difficulty in giving effect to section 273 in its
proper spirit. Section 318 attempts to deal with such cases.

The right created by the section is further supplemented by section 278. It provides that
wherever the law requires the evidence of a witness to be read over to him after its
completion, the reading shall be done in the presence of the accused, or of his pleader if the
accused appears by the pleader. If any evidence is given in a language not understood by the
accused person, the bare compliance with section 273 will not serve its purpose unless the
evidence is interpreted to the accused in a language understood by him. Therefore, section
279 provides for translation. In the case of Shivanarayan Kabra v State of Madras,12 the court
held that, non-compliance with section 279 (1) will be considered as a mere irregularity not
vitiating the trail if there was no prejudice or injustice caused to the accused person. Using
translation, the accused can understand all the evidences which are produced before the court
against him, and the main object behind section 273 of the Code of Criminal Procedure.

8. Expansion of the Right

In a democratic society, even the rights of accused are sacrosanct. In the leading case of
Kishor Singh Ravinder Dev v State of Rajasthan,13 the court had stated that the laws of India
contain elaborate provisions for safeguarding the rights of accused with the view of
protecting his dignity as a human being and giving him benefits of a just, fair and impartial
trial.

The Supreme Court in the case of Zahira Habibullah Sheikh v State of Gujarat,14 stated that
the principle of fair trial now informs and energizes many areas of law. It is reflected in many
rules and practices. Fair trial would obviously mean a trial before an impartial judge, a fair
prosecutor and atmosphere of judicial calm. Fair trial means a trial in which bias or prejudice
for or against the accused, the witnesses, or the cause which is being tried is eliminated.

The accused should be supplied with the copies of the charge sheet, all necessary documents
pertaining to the investigation and the statements of the witnesses called by the police during
investigation. Section 238 of the Code of Criminal Procedure makes it obligatory on the

12
AIR 1967 SC 986.
13
1981 (1) SCC 503.
14
(2004) 4 SCC 158.

7
Magistrate to supply copies of these documents to the accused free of cost. This provision
supports the right of accused to be present during recording of evidence.

9. The Right is not Absolute in Character

As the rule laid down in the provision confers right on the accused to be present at the trial,
the rule makers have presupposed that the accused voluntarily accepts it and uses the right to
cooperate with conducting a fair trial. It must be ensured by the Court that the accused does
not use this right as an advantage and put barriers to fair trial. The provision lays down an
obligation upon the court and at the same time confers right on the accused. But this right is
not absolute in nature. The accused is given with no right to intentionally stay absent and stop
the trial. The trial will not be vitiated because of the only fact that the accused was not
present during the trial.

In the case of State v Ananta Singh,15 the court discussed interpretation of this provision in
detail. The court held that if the provision is interpreted in form of a right given to the
accused, then there will be severe negative consequences of the accused misusing the right to
vitiate the trial. This interpretation will place the accused in a position higher than the court.
By intentionally making regular absents, the accused may take the case to such circumstances
that it may be impossible to take evidence. The accused may be intentionally absent on each
and every date given by the court for trial, and the evidence thus will not be recorded. The
trial will be completely controlled and may even be stopped by the accused which was not
intention of the legislators. For this reason, the court interpreted the section in a manner that
presence of accused is obligation on the court, and if the accused is intentionally absent to
control the trial, then the trial will not be vitiated on choice of the accused.

If the accused is obstructing the smooth conduct of the trail, the court may warn him, and if
not worked, then may expel him and then proceed with the trial in his absence. However, the
accused person should be able to reclaim his right to be present at the trail if he expresses
bona fide willingness to conduct himself in such a manner as to allow the court to proceed
with the trial smoothly in his presence.

10. Exceptions to the Rule

Accused cannot be given complete control of the trail, as victim also has a right to fair trial. If
the accused, with an evil intention to frustrate the trail, remains absent during the date of
evidence recording then the whole object of fair trial will fall. Such conduct must be
15
1972 Cri LJ 1327 (Cal).

8
immediately stopped, and this work is done by sections 205, 293, 299 and 317 of the Code of
Criminal Procedure.

Section 273 of the Code of Criminal Procedure makes it imperative that all the evidence must
be taken in the presence of the accused. Failure to do so would vitiate the trail, and the fact
that no objection was taken by the accused is immaterial. 16 Section 205 of the Code of
Criminal Procedure gives the Magistrate the power to dispense with the personal attendance
of the accused and permit him to appear by his pleader. This power is to be utilised while
issuing a summons and only when a sufficient reason exists for satisfaction of the court. The
Magistrate inquiring the case, under this provision has also got a discretionary power to direct
personal attendance of the accused at any stage of the proceeding. This can be enforced by
the same procedure as issuing summons as done at the initial stage of the proceedings.

Under section 293 of the Code of Criminal Procedure, if a report prepared by a government
scientific expert needs to be submitted, then the Government scientific expert is summoned to
submit the report. If the expert is unable to attend the court personally, then he may depute
any responsible officer working with him to attend the court. Such a delegated officer must
be well versed with the facts of the case and can satisfactorily depose in court on his behalf.

Section 299 of the Code of Criminal Procedure deals with record of evidence in absence of
accused. The provision states that if the accused is absconded and there is no prospect to
arrest him, then the court may proceed with the trial in his absence. The court may examine
the witnesses produced on behalf of prosecution and record their depositions. After the
accused is produced in the court, the depositions may be given in evidence against the
accused. If it appears that an offence punishable with death penalty or life imprisonment is
committed by the accused, then the High Court or Sessions Court may direct a Judicial
Magistrate of First Class to hold an inquiry and examine the witnesses who can give evidence
concerning the offence and any depositions so taken may be given in evidence against any
person who is subsequently accused of the offence, if the deponent is dead or incapable of
giving evidence or beyond the limits of India.

Section 317 of the Code of Criminal Procedure is a provision for inquiries and trial being
held in the absence of accused in certain cases. The provision states that at any stage of an
inquiry or trial, if the judge is satisfied that the personal attendance of the accused is not
necessary in the interest of justice, or the accused persistently disturbs the proceedings in
Ram Singh v. R. (1951) 52 Cri LJ 99; Sukanraj v. State of Rajasthan 1967 Cri LJ 1702; Bigan Singh v. King
16

Emperor (1928) 29 Cri LJ 260; Ram Shankar v. State of Bihar 1975 Cri LJ 1402.

9
court, the judge may dispense with his attendance and proceed with the inquiry or trial in
absence of the accused. If the judge at any subsequent stage of the trial is satisfied upon
presence of accused, then the Court may order the accused to be present during the trial.

11. Conclusion and Analysis

The object of criminal justice system is to provide justice to the victim, reduce crime in
society and ensure that no innocent person gets punished. The criminal jurisprudence in India
holds a presumption of innocence. Accused is presumed to be innocent until the guilt is
proved. To ensure this, the accused is given with enough opportunity to present the case in
the court. There are many provisions in the Code of Criminal Procedure which provides
rights to the accused which ensure fair trial in the court. One of such provisions is section 273
of the Code of Criminal Procedure which gives right of accused to be present when evidences
are being recorded during the trial. This right ensures that no wrong evidence can be recorded
against the accused, so that the trial is conducted in a complete fair manner. The accused
should be aware of all the evidences which are produced against him in the court. This right
given to the accused can be used in very tactical manner and trial can be completely under
control of the accused. Upon choice of the accuse, he can intentionally remain absent from
the court and thus indirectly the trial can be delayed. If this right is wrongfully used, then
right of victim to fair trail gets eroded, which is again unconstitutional.

The Code of Criminal Procedure has to maintain balance between rights of victim and rights
of accused. So, for this reason, some other provisions are incorporated in the Code of
Criminal Procedure which also permit the court to record evidence in absence of the accused.
Section 299 of the Code of Criminal Procedure states that if the accused is absconded and
there is no scope to arrest him, then the court may proceed with the trial. While recording
evidence in absence of accused, the court has to record the depositions and provide these
depositions to the accused whenever he is produced in the court. Thus, the purpose of
maintaining balance between rights of accused and victim is completed. The rule of accused
being present during recording of evidence is not so hard and fast. Section 317 of the Code of
Criminal Procedure gives power to the judge to take evidence and proceed with the trial even
when the accused is absent. This power can be exercised when the court is satisfied that
presence of accused is not necessary in the interest of justice or the accused is creating
disturbances during the trial, then it is much better to conduct the trial in absence of the
accused. at any stage during the trial the accused can be ordered to not attend the court and at
any stage the court may summon the accused back to attend the court proceedings. Thus, the

10
Code of Criminal Procedure maintains balance between rights of accused and that of victim,
and doesn’t allow any of the parties to misuse these rights.

11
12. Bibliography
A) Books
- K.N. Chandrasekharan Pillai (rev.), R.V. KELKAR’S CRIMINAL PROCEDURE, 7th ed.
2021, EBC, Lucknow.
- CK Thakker Takwani & MC Thakker, THE CRIMINAL PROCEDURE, 4 th ed. 2015,
LexisNexis, Gurgaon.
B) Websites
- https://www.scconline.com/
- https://www.ebcwebstore.com/
- https://advance.lexis.com/
- https://www.airinfotech.in/

iv