Legal Provisions of Section 299 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Record of evidence in absence of accused:
This section embodies an exception to the general rule that all evidence against an accused should be tendered before the Court in his presence. But there may be situations when this may not be possible.
ADVERTISEMENTS:
Therefore, the Legislature in its wisdom thought it proper to empower the Court to record evidence against a person who, by his own conduct, has chosen to be absent while such evidence is being recorded.
This section contemplates two such situations when the Court may record evidence against the accused in latter’s absence. They are (1) when the accused is absconding and there are no prospects of his arrest; and (2) where the offender is unknown.
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In the first case, when the accused is absconding; the Court is competent to commit and try him for the offence complained of, and may in his absence examine the prosecution witnesses and record their depositions and such depositions may be used against the absconding accused when he is arrested and tried even though the deponent is dead or has become incapable of giving evidence or his presence cannot be procured without delay, expense or inconvenience.
ADVERTISEMENTS:
In the second situation, when the offender is unknown and the offence committed is serious and punishable with death or imprisonment for life, the High Court or the Sessions Judge, as the case may be, may direct the Magistrate of the first class to record the prosecution evidence and the depositions so recorded may be used at the trial of the accused on his being apprehended if the deponent is dead or incapable of giving evidence or is beyond the limits of India.
In the case of trial of a co-accused of the absconder, it is for the prosecution to move the Court by evidence before recording evidence of the co-accused that certain person or persons are absconding and that it is not possible to apprehend them despite due diligence. Thereafter it is for the Court to decide whether to record evidence in the absence of the absconding accused under Section 299 of the Code.