Presence - Definition - Law Dictionary Home Dictionary Definition presence

Definition :

Presence, s. 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 s. 273 contemplates constructive presence. This shows that actual physical presence is not a must. This indicates that the term 'presence', as used in this s., is not used in the sense of actual physical presence. A plain reading of s. 273 does not support the restrictive meaning sought to be placed by the respondent on the word 'presence', State of Maharashtra v. Prafula B. Desai, AIR 2003 SC 2053 (2059): (2003) 4 SCC 601. (Criminal PC, 1973, s. 273)