Witness Identity Protection - Law Commission of India

29of a victim, the provisions of sec 273 requiring evidence to be recorded inthe presence of the accused is deemed to have been satisfied.(f) Section 299 of the Code also indicates certain exceptions. It bears theheading ‘Record of evidence in absence of accused’. This covers caseswhere accused has absconded or where there is no immediate prospect ofarresting him.(iii) Section 173(5) states that when the Police Report is filed undersection 173 into the Court, the police officer shall forward to the Magistratealong with the Report -(a) all documents or relevant extracts thereof on which theprosecution proposes to rely, other than those already sent to theMagistrate during investigation;(b) the statements recorded under section 161 of all the persons whomthe prosecution proposes to examine as its witnesses.But there is an exception under section 173(6).Under sec 173(6) of the Criminal Procedure Code, 1973 which refersto the ‘Report of Police officer on completion of investigation’ (Chargesheet),there are certain exceptions statutorily recognized. The subsection(6) reads as follows:“Section 173(6): If the police officer is of opinion that any part ofany such statement (i.e. statement under sec 161) is not relevant tothe subject matter of the proceedings or that its disclosure to the