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

All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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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)

The answer is: D

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Explanation

The correct option is D: Both (a) and (b).

As per section 273 of Cr. P.C., evidence is to be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader.

This means that the accused has the right to be present when the evidence is recorded by the court, unless he waives this right or the court exempts him from personal appearance. In such cases, his pleader can represent him and cross-examine the witnesses on his behalf. This provision is intended to ensure a fair trial and protect the rights of the accused.