Record of evidence in absence of accused
AI Assist
Summary
If an accused has absconded and cannot be arrested soon, the trial court may examine prosecution witnesses in his absence and record their depositions. Those recorded statements can later be used against him if the witness is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience. For offences punishable with death or life by unknown persons, the High Court or Sessions Judge may order a first-class Magistrate to take similar evidence, which may be used later if witnesses are dead, incapable, or beyond India.
Example
Priya files an FIR saying Arjun assaulted her, but Arjun flees and cannot be arrested quickly. The trial court examines the prosecution witnesses in Arjun's absence and records their depositions. Months later Arjun is arrested but a key witness Rohan has died, so the court admits the earlier recorded deposition as evidence against Arjun.
Bare Act
Enacted text(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try, or commit for trial, such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.
(2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India.
Previous year papers
Pick your exam. we'll email the most recent paper.