BNSS Section 335 — Record of evidence in absence of accused

Summary

If an accused person has run away and there is no chance of arresting them soon, the court that would normally try the case can still record the statements of prosecution witnesses in the accused’s absence. Later, if the accused is arrested, those recorded statements can be used as evidence against them, but only if the witness who gave the statement has since died, cannot give evidence, cannot be found, or cannot be brought to court without unreasonable delay, expense, or trouble.

If a crime punishable by death or life imprisonment appears to have been committed by an unknown person, the High Court or a Sessions Judge can order a first-class magistrate to hold an inquiry and record statements from witnesses who can give evidence about the crime. Those recorded statements can later be used as evidence against anyone who is later accused of the crime, but only if the witness has since died, cannot give evidence, or is outside India.

Official 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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §299 — Record of evidence in absence of accused