CrPC 299 to BNSS 335: Record of evidence in absence of accused
Section 299 CrPC (1973) replaced by Section 335 BNSS (2023)
CrPC 299 to BNSS 335 at a Glance
Section 299 CrPC (Record of evidence in absence of accused) is now Section 335 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 299 to BNSS 335?
Section 335 BNSS has the same heading as Section 299 CrPC, Record of evidence in absence of accused, and the same text. Section 299(1) CrPC is found in Section 335(1) BNSS and Section 299(2) CrPC in Section 335(2) BNSS.
CrPC 299 vs BNSS 335: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 299 | 335 |
| Heading | Record of evidence in absence of accused | Same |
| Sub-sections | 2 sub-sections | Same |
CrPC 299 and BNSS 335: Bare Act Text Side by Side
Section 299, CrPC 1973
Section 335, BNSS 2023
When It Applies: CrPC 299 vs BNSS 335
- Section 299(1) CrPC applies if it is proved that an accused person has absconded and that there is no immediate prospect of arresting the accused person.
- The Court competent to try, or commit for trial, the accused person for the offence complained of may, in the absence of the accused person, examine the witnesses, if any, produced on behalf of the prosecution, and record their depositions.
- On the arrest of the accused person, a deposition so recorded may be given in evidence against the accused person on the inquiry into, or trial for, the offence with which the accused person is charged, if the deponent is dead or incapable of giving evidence or cannot be found or the presence of the deponent cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.
- Section 299(2) CrPC applies 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.
- 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.
- Section 335(1) BNSS applies if it is proved that an accused person has absconded and that there is no immediate prospect of arresting the accused person.
- The Court competent to try, or commit for trial, the accused person for the offence complained of may, in the absence of the accused person, examine the witnesses, if any, produced on behalf of the prosecution, and record their depositions.
- On the arrest of the accused person, a deposition so recorded may be given in evidence against the accused person on the inquiry into, or trial for, the offence with which the accused person is charged, if the deponent is dead or incapable of giving evidence or cannot be found or the presence of the deponent cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.
- Section 335(2) BNSS applies 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.
- 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.
Time Limits: CrPC 299 to BNSS 335
- Section 299(1) CrPC applies where there is no immediate prospect of arresting the accused person who has absconded.Act text: “there is no immediate prospect of arresting him”
- Section 335(1) BNSS applies where there is no immediate prospect of arresting the accused person who has absconded.Act text: “there is no immediate prospect of arresting him”
What CrPC 299 to BNSS 335 Means in Practice
FAQs: CrPC 299 to BNSS 335
Which BNSS section carries Section 299 CrPC?▼
Section 335 BNSS. Section 299(1) CrPC is found in Section 335(1) BNSS and Section 299(2) CrPC in Section 335(2) BNSS.
Is the text of Section 335 BNSS different from Section 299 CrPC?▼
The heading and the text are the same.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·