Question

As per section 273 of Cr.P.C., how an evidence is to be taken?

• A. In the presence of accused.
• B. When personal attendance of the accused is dispensed with, in the presence of his pleader.
• C. In presence of police
• D. Both (a) and (b)

Hint:

Section 273 is a cornerstone of a fair trial. Connect this procedural requirement to the fundamental right of the accused to know the case against them, which is part of the right to a fair hearing under Article 21 of the Constitution.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks about the procedure for recording evidence during a trial as laid down in Section 273 of the Cr.P.C. This section embodies the principle of natural justice that the accused should know the evidence being presented against them.
Step 2: Detailed Explanation:
Section 273 of the Cr.P.C. is titled "Evidence to be taken in presence of accused". It states: "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."
This means:
1. The primary rule is that evidence must be recorded in the physical presence of the accused. This allows them to hear the testimony and instruct their lawyer for cross-examination. (This matches option A).
2. There is an exception: If the court has exempted the accused from personal appearance (under sections like 205 or 317 Cr.P.C.), the evidence must be taken in the presence of their lawyer (pleader). (This matches option B).
Since both situations are covered by Section 273, option (D) is the correct choice. Option (C) is incorrect as evidence is recorded before the court, not just in the presence of the police.
Step 3: Final Answer:
Section 273 mandates that evidence be taken either in the presence of the accused or, if their attendance is dispensed with, in the presence of their pleader. Therefore, both (A) and (B) are correct.