BNSS Section 308 - Evidence to be taken in presence of accused.
Description of BNSS Section 308 - Evidence to be taken in presence of accused.
Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader:
Provided that where the evidence of a woman 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 woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.
Explanation.—In this section, "accused" includes a person in relation to whom any proceeding under Chapter IX has been commenced under this Sanhita.
| Section | Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|---|
| 308(2) | Dacoity | imprisonment for a term which may extend to ten years, and shall also be liable to fine. | Non-cognizable | Non bailable | Court of Session. |
| 308(3) | Murder in dacoity | Death, imprisonment for life, or rigorous imprisonment for 10 years and fine. | Non-cognizable | Non bailable | Court of Session. |
| 308(4) | Making preparation to commit dacoity. | Rigorous imprisonment for 10 years and fine. | Cognizable | Non bailable | Court of Session. |
| 308(5) | Being one of five or more persons assembled for the purpose of committing dacoity. | Rigorous imprisonment for 10 years and fine. | Cognizable | Non bailable | Court of Session. |
| 308(6) | Belonging to a gang of persons associated for the purpose of habitually committing dacoity. | Imprisonment for life, or rigorous imprisonment for 10 years and fine | Cognizable | Non bailable | Court of Session. |