Section 273 in The Code of Criminal Procedure, 1973
273. Evidence to be taken in presence of accused.
- Except as otherwise expressly provided, all evidence ... commenced under this Code. GUJARAT.- In the Code of Criminal Procedure, 1973 (hereinafter referred to as "the principal Act"), in Section 273, after the words
Section 273 of the Code of Criminal Procedure ( Cr.P.C ). This Crl. M.C has
been filed under Section 482 Cr.P.C seeking ... Section 299 Cr.P.C or Section 317 Cr.P.C does not appeal to this
court. There is nothing in Section 273 which would
Code of Criminal Procedure . It was submitted that the Code of Criminal
Procedure lays down specific and express provisions governing the
procedure to be followed ... This Court was taken through various sections of the Criminal
Procedure Code . Emphasis was laid on Section 273 , Criminal Procedure
Code. It was submitted that
Section 205 Cr.P.C or Section 317
Cr.P.C as the case may be. For clarity on this aspect, I extract
Section 273 ... reason by all criminal courts to invoke the
discretion under Section 205 Cr.P.C and only a
summons under Section 205
charged for committing offence punishable under Sections 377 , 302 ,
201(1) , 363 IPC and Section 4 read with Section 3 of Protection of
Children from ... appeal under Section 374 Cr.P.C.
(7) Before entering into rival contentions, submissions which
border around the provision contained under Section 273
Offences Act, 2012, and
Sections 376 (2)(i)(j)(k) and 364 of IPC and Section 5 ( ) read with
Section 6 of POCSO ... Court under Section 366
Cr.P.C. for confirmation of death sentence. The accused has also
preferred an appeal under Section 374
Section 273 are those expressly provided
i.e. in Sections 299 and 317 of the Code. Subject to these
exceptions, Section 273 ... procedure to be followed in a criminal trial. It was
submitted that the procedure laid down in the Code of
Criminal Procedure was the “procedure
above said contentions were controverted to by the respondent, stating that Section 273 Cr.P.C. does not deal with the production of the accused ... accused and would thus fully meet the requirements of Section 273 of the Criminal Procedure Code. Recording of such evidence would
said to have vitiated
as there was total non-compliance of section 273 Cr.P.C., which
speaks of "Evidence to be taken ... cross examined, which is de hors the mandatory
provisions of section 273 Cr.P.C. and since the valuable right of
7
the accused
accused and would thus fully need the requirements of Section 273 , Criminal Procedure Code. Recording of such evidence would be as per "procedure established ... accused and would thus fully meet the requirements of Section 273 of the Criminal Procedure Code. Recording of such evidence would
