Section 335 BNSS: Record of evidence in absence of accused

Section 335 BNSS Bare Act Text

(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.

Source: Section 335, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 335 BNSS in Simple Words

When Section 335 BNSS Applies

• 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 Under Section 335 BNSS

• 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”

Example of Section 335 BNSS

When Section 335 BNSS Does Not Apply

• Section 335 BNSS speaks of depositions recorded in the absence of an accused person who has absconded, or at an inquiry into an offence committed by some person or persons unknown. It does not deal with the issue of a commission for the examination of a witness, the subject of Section 319 BNSS.
• Section 335 BNSS speaks of examining witnesses in the absence of an accused person who has absconded. It does not deal with inquiries and trial held in the absence of the accused in certain cases, the subject of Section 355 BNSS.

Section 335 BNSS in the CrPC (Previous Law)

FAQs on Section 335 BNSS

Section 335 BNSS: Sub-sections Explained

Sections Related to Section 335 BNSS