273.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.
Section 273 provides for dispensation from personal attendance. In such cases evidence can be recorded in the presence of the pleader. The presence of the pleader is thus deemed to be presence of the Accused. Thus Section 273 contemplates constructive presence. This shows that actual physical presence is not a must. This indicates that the term “presence”, as used in thisSection, is not used in the sense of actual physical presence. A plain reading of Section 273 does not support.
Supreme Court of India.
Appeal (crl.) 476 of 2003
Appeal (crl.) 477 of 2003
The State of Maharashtra