(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.
Bharatiya Nagarik Suraksha Sanhita
Section 335
Record of evidence in absence of accused
⚡ Quick Answer Reference: Section 335 BNSS
- Provision: Section 335 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: If an accused person is absent and can't be arrested, the court can record the statements of prosecution witnesses. These statements can be used as evidence against the accused if they can't be found or are dead.
What does Section 335 of BNSS say?
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What does Section 335 of BNSS mean?
Plain English Explanation
If an accused person is absent and can't be arrested, the court can record the statements of prosecution witnesses. These statements can be used as evidence against the accused if they can't be found or are dead.
Practical Interpretation
This section allows courts to record witness statements in the absence of the accused, which can be used as evidence later. This is particularly useful when the accused is absconding or can't be found.
Core Legal Purpose
The core purpose of this section is to facilitate the collection of evidence in cases where the accused is absent, ensuring that justice is not delayed or compromised.
- •The accused person must be absconding and unable to be arrested.
- •There must be no immediate prospect of arresting the accused person.
- •The court must be competent to try or commit the accused person for the offence.
- •The witness must be dead, incapable of giving evidence, or beyond the limits of India.
Practical Example of Section 335 BNSS
Rajesh is accused of committing a serious offence, but he has absconded and can't be found. The court decides to record the statements of the prosecution witnesses, including Priya, who witnessed the incident. The court records Priya's statement and allows it to be used as evidence against Rajesh if he can't be found or is dead.
Frequently Asked Questions about Section 335 BNSS
Q: What is the punishment or consequence under Section 335 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the recording of evidence in the absence of the accused.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not classify the offence as bailable or cognizable.
Common Questions about Section 335 BNSS
What is Section 335 of BNSS?
Section 335 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Record of evidence in absence of accused". In plain terms: If an accused person is absent and can't be arrested, the court can record the statements of prosecution witnesses. These statements can be used as evidence against the accused if they can't be found or are dead.
What is the punishment under Section 335 of BNSS?
Section 335 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 335 of BNSS bailable or non-bailable?
Whether Section 335 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 335 of BNSS?
The essential elements of Section 335 of BNSS are: The accused person must be absconding and unable to be arrested.; There must be no immediate prospect of arresting the accused person.; The court must be competent to try or commit the accused person for the offence..
Landmark Judgments under Section 335 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 335
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