Section 353 in The Code of Criminal Procedure, 1989 (1933 A. D.)
353. Evidence to be taken in presence of accused.
- Except as otherwise expressly provided, all evidence taken under Chapters [xx] [Figures 'XVIII' omitted by Act XXXVII of 1978, Section 53.], XX, XXI, XXII and XXIII shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in presence of his pleader [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] [Added by Governor Act No. 48 of 2018, dated 13.12.2018.].[Provided that where the evidence of a person 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 person is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.] [Inserted by Jammu and Kashmir Act No. 11 of 2014, dated 22.3.2014.]
