Section 335 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 335 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Full Text of Section 335
Record of evidence in absence of accused
Absconding Accused: If it is proven that an accused person has absconded and there is no immediate prospect of arresting them, the court competent to try or commit for trial such a person may, in their absence, examine the witnesses produced on behalf of the prosecution and record their depositions. Any such deposition may be used as evidence against the accused upon their arrest, provided the deponent is dead, incapable of giving evidence, or cannot be found, or their presence cannot be procured without unreasonable delay, expense, or inconvenience.
Offence by Unknown Person(s): 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. Any depositions so taken may be used as evidence against any person subsequently accused of the offence, provided the deponent is dead, incapable of giving evidence, or beyond the limits of India
⚖️ Corresponding Provision in the Indian Penal Code (IPC)
Section 335 of the BNSS, 2023, corresponds to Section 299 of the Indian Penal Code (IPC), which also deals with the record of evidence in the absence of the accused under similar circumstances.
🧭 Purpose and Significance
Ensuring Continuity of Legal Proceedings: This provision allows the judicial process to continue even when the accused is absconding, ensuring that justice is not delayed due to the absence of the accused.
Preserving Evidence: By recording the depositions of witnesses in the absence of the accused, this section helps preserve vital evidence that might otherwise be lost over time.
Facilitating Fair Trials: It ensures that once the accused is apprehended, they can face the recorded evidence, which is crucial for a fair trial.
RELATED Blog
0 comments