Code:
(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution:
Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means.
(2) The deposition of evidence of any public servant may be taken through audio-video electronic means.
(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
Explanation:
This section outlines the procedures for recording evidence and conducting cross-examination in criminal trials under the BNSS. It focuses on the use of audio-video electronic means to record evidence, particularly in cases involving police officers or public servants.
Illustration:
Imagine a case where a witness is being examined in a criminal trial. The Judge, according to Section 254, can allow the witness’s testimony to be recorded using audio-video electronic means. This allows for a more accurate and detailed record of the evidence presented. Additionally, if a police officer is testifying, their deposition can be taken using these electronic means as well.
Common Questions and Answers:
Q: Can all evidence be recorded electronically?
A: No. Section 254(1) allows for the recording of evidence through electronic means, but it does not mandate it. The Judge has the discretion to decide whether or not to use electronic recording for each witness.
Q: Why can the cross-examination of a witness be deferred?
A: Section 254(3) allows the Judge to defer cross-examination until other witnesses have been examined. This could be done for strategic reasons or to ensure a more efficient trial process. The Judge can also choose to recall a witness for further cross-examination if needed.
