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1 - 10 of 42 (0.26 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 36 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 302 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 273 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 301 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 40 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
The Code of Criminal Procedure, 1973
Section 32 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
The State Of Maharashtra vs Dr. Praful B. Desai on 1 April, 2003
"31. The whole inquiry before a court being to elicit the truth,
it is absolutely necessary that the victim or the witnesses are
able to depose about the entire incident in a free atmosphere
without any embarrassment. Section 273 CrPC merely requires
the evidence to be taken in the presence of the accused. The
section, however, does not say that the evidence should be
recorded in such a manner that the accused should have full view
of the victim or the witnesses. Recording of evidence by way of
video-conferencing vis-à-vis Section 273 CrPC has been held to
be permissible in a recent decision of this Court in State of
Maharashtra v. Dr. Praful B. Desai [(2003) 4 SCC 601 : 2003
SCC (Cri) 815] . There is major difference between substantive
provisions defining crimes and providing punishment for the
same and procedural enactment laying down the procedure of
trial of such offences. Rules of procedure are handmaiden of
justice and are meant to advance and not to obstruct the cause
of justice. It is, therefore, permissible for the court to expand or
enlarge the meanings of such provisions in order to elicit the
truth and do justice with the parties.