Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 335
Code: Section 335 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the procedure to be followed when an accused person has absconded and there is no immediate prospect of arresting him. It outlines the steps that a court can take to ensure that the trial process can proceed in the absence of the accused.
Sub-section (1) states that if an accused person has absconded, the court can examine the witnesses produced by the prosecution in his absence and record their depositions. These depositions can be used as evidence against the accused when he is eventually arrested, subject to certain conditions:
- The deponent (witness) is dead or incapable of giving evidence.
- The deponent cannot be found.
- Procuring the deponent’s presence would be unreasonable due to excessive delay, expense, or inconvenience.
Sub-section (2) focuses on situations where an offence punishable with death or life imprisonment has been committed by an unknown person or persons. In such cases, the High Court or Sessions Judge can authorize a Magistrate of the first class to hold an inquiry and examine witnesses. The depositions recorded in this inquiry can be used as evidence against any person subsequently accused of the offence, if the deponent meets the conditions outlined in Sub-section (1).
Illustration:
Imagine a murder case where the accused has fled the country. The court, under Section 335, can still proceed with the trial by examining the witnesses who can provide evidence about the crime. If these witnesses later become unavailable, their depositions recorded earlier can be used against the accused when he is apprehended.
Common Questions and Answers:
Q1: What happens if the accused is never arrested?
A1: If the accused remains absconding and cannot be apprehended, the trial cannot proceed in his absence. The court may discharge the accused or issue a warrant for his arrest, which can be executed if he is ever found.
Q2: Can the accused challenge the depositions recorded in his absence?
A2: Yes, the accused can challenge the admissibility of the depositions if he believes they were obtained unfairly or if the conditions for their use are not met. The court will then consider the arguments and decide whether to allow the depositions as evidence.
Q3: What is the purpose of this section?
A3: Section 335 aims to balance the rights of the accused with the need for a fair and efficient trial. It allows the trial process to continue even when the accused is absconding, but it includes safeguards to ensure that the accused is not unfairly prejudiced by the absence of a fair opportunity to defend himself.
