: (1) When determining the punishment of a criminal in a case other than hearing in a closed court according to the law, it should be determined in an open court.
(2) While determining the punishment according to sub-section (1), it shall be done in the presence of the concerned offender or his legal practitioner. 3) Notwithstanding anything written in sub-section (2), if the offender cannot be brought to court due to security or public interest, if the offender refuses to appear in court, if the offender is absconding or if the offender's legal practitioner is not present, the determination of punishment in accordance with this Act shall be hindered. no 4) An offender who cannot be brought before the court according to sub-section (3) may be made to appear through audio-visual communication (video conference) and if so made, he shall be deemed to have appeared before the court for the purpose of this section.