Section 299 The Code Of Criminal Procedure, 1973

Section 299 in The Code Of Criminal Procedure, 1973

Section 299 of CRPC “Record of evidence in absence of accused”

(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 offense 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 offense 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 offense 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 offense and any depositions so taken may be given in evidence against any person who is subsequently accused of the offense if the deponent is dead or incapable of giving evidence or beyond the limits of India.

STATE AMENDMENT

Uttar Pradesh – In sub-sec. (1), for the words “competent to try such person”, the Words “competent to try such person or to commit him for trial”, shall be substituted – U.P. Act 16 of 1976, w.e.f. 1-5-1976.

Complete: the-code-of-criminal-procedure-1973