Record of evidence in absence of accused.
What this section does
Where an accused has absconded and there is no immediate prospect of arrest, the competent Court may examine prosecution witnesses in his absence and record their depositions; such depositions may be used against him on arrest if the deponent is dead, incapable, cannot be found, or cannot be produced without unreasonable delay or expense. Where an offence punishable with death or imprisonment for life is committed by unknown persons, the High Court or Sessions Judge may direct a First Class Magistrate to hold an inquiry and record depositions, which may be used against any person subsequently accused if the deponent is dead, incapable, or beyond India.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · High Court · Sessions Judge · Magistrate of first class · Prosecution witnesses · Accused
Derived from CrPC s.299.
Read the official text
For the binding statutory text of BNSS Section 335, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 335 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.