Record of evidence in absence of accused
AI Assist
Summary
If an accused has absconded and cannot be arrested soon, the court may examine prosecution witnesses and record their depositions in his absence. Those depositions can later be used against him at inquiry or trial if the witness is dead, unable to give evidence, untraceable, or cannot be produced without unreasonable delay or expense. For offences punishable with death or life by unknown persons, the High Court or Sessions Judge may direct a first-class Magistrate to record evidence for similar future use.
Example
Ravi is accused of stealing from a shop and absconds before the police can arrest him. The court records the shopkeeper's witnesses in Ravi's absence. Years later, when Ravi is arrested but the shopkeeper has died, those recorded depositions are admissible against Ravi at his trial.
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.
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