Section 308 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 308 of the Bharatiya Sakshya Adhiniyam, 2023 and why it doesn’t exist there, along with clarifying the related relevant law where Section 308 is meaningful.
1. Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023)
This is the updated law governing evidence in Indian courts.
The Act contains around 170 sections—it does not have a Section 308.
So, there is no Section 308 in the Evidence Act (BSA, 2023).
2. Where does Section 308 exist?
Section 308 appears in a different legislation — the Bharatiya Nagarik Suraksha Sanhita, 2023 (which is the updated Indian Criminal Procedure Code).
This section deals with the examination of witnesses in the presence of the accused.
3. What does Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 say?
Purpose: To ensure fairness and transparency in witness examination during a trial.
Key Points:
Witnesses must be examined in the presence of the accused.
If the accused is not present for some reason, certain exceptions apply but with safeguards.
The law allows examination of witnesses through audio-video means from designated locations.
This provision helps protect witnesses from intimidation or coercion.
It balances the right of the accused to face witnesses against the protection of vulnerable witnesses.
4. Why is this important?
Traditionally, the accused has a right to be present when witnesses testify against them — this ensures a fair trial.
However, witnesses might feel unsafe appearing physically in court, especially in sensitive cases.
The audio-video provision offers a modern solution with technology to ensure witness safety without compromising the accused’s rights.
5. Summary
| Act | Section 308 Exists? | What it Deals With |
|---|---|---|
| Bharatiya Sakshya Adhiniyam, 2023 | No | No Section 308 in this Evidence Act |
| Bharatiya Nagarik Suraksha Sanhita, 2023 | Yes | Examination of witnesses in the presence of accused, including remote testimony via audio-video |
Final Notes:
If you want detailed information on any section of the Bharatiya Sakshya Adhiniyam, 2023, I can help you.
If your interest is in trial procedures or witness protection laws, Section 308 of the Bharatiya Nagarik Suraksha Sanhita is relevant.
Always ensure you are looking at the correct law and section number to avoid confusion.
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