Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXV · Mode of Taking and Recording Evidence in Inquiries and Trials
272B. Evidence through live video or live television links
Feedback & supportNotwithstanding any other provision of this Code or the
Evidence Act 1950, a person, other than the accused, may, with leave of the Court, give video or live evidence through a live video or live television link in any trial or inquiry, if it is expedient in the interest of justice to do so.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
The Court may, in the exercise of its power under subsection (1), make an order on any or all of the following matters:
the persons who may be present at the place where the witness is giving evidence;
that a person be excluded from the place while the witness is giving evidence;
the persons in the courtroom who must be able to be heard, or seen and heard, by the witness, and by the persons with the witness;
the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;
the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
the stages in the proceedings during which a specified part of the order is to have effect;
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the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice; and
any other order the Court considers necessary in the interest of justice.
The Court shall not give leave under subsection (1) or make an order under subsection (2) if, in the opinion of the Court, to do so would be inconsistent with the Court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings.
Evidence given by a witness through live video or live television link by virtue of this section shall be deemed for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code as having been given in the proceedings in which it is given.
Where a witness gives evidence in accordance with this section, he shall for the purposes of this Code and the Evidence Act 1950 be deemed to be giving evidence in the presence of the Court, the accused person or his advocate, as the case may be.
advocate
“advocate” has the meaning assigned by section 3 of the Interpretation Acts 1948 and 1967;
Where any video or live evidence given under this section is recorded on any medium, electronic or otherwise, such recording shall form part of the record.
CHAPTER XXVA
RECORDING OF PROCEEDINGS BY MECHANICAL MEANS