Record of evidence in absence of accused
Section 299 of the Code of Criminal Procedure, 1973 deals with record of evidence in absence of accused. 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 r The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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
Subs. by Act 45 of 1978, s. 22, for cl.
(a) (w.e.f. 18-12-1978),
Ins. by s. 23, ibid. (w.e.f. 18-12-1978).
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.
CHAP
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 299, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 335 Record of evidence in absence of accused Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Gautam Kumar Devjibhai vs State of Gujarat
Court's Decision & Legal Precedent
Evidence recorded in one criminal trial against different accused persons cannot be transferred to another trial and read against an accused who was not present during the original trial unless the transfer is effected in compliance with Section 299 of the Criminal Procedure Code, 1973, with proper court order explicitly approving such transfer, and without violating the accused's right to cross-examine witnesses. An accused person's mere absconding does not automatically waive his right to cross-examination; such waiver must be established through proper legal procedure. Appellate courts cannot ignore trial courts' explicit rejection of applications for evidence transfer and must independently examine whether transferred evidence was validly admitted before relying upon it for conviction. An acquittal can be reversed only if there exists independent evidence, beyond transferred evidence whose admissibility is disputed, that establishes guilt beyond reasonable doubt.
On this section: Evidence recorded in one trial can be transferred to another trial only under specific conditions with proper procedure; central issue in judgment - whether trial court's rejection of transfer application was properly considered by High Court
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C. G. Electricity Power Distribution Company LTD vs Basant Singh
Court's Decision & Legal Precedent
When an accused person repeatedly fails to appear before the court despite multiple summons issued through various methods over an extended period, and there is evidence suggesting the accused has knowledge of the proceedings but is deliberately absenting himself, the court may declare the accused a fugitive under Section 299 Cr.P.C. and Section 335 Cr.P.C., thereby authorizing the issuance of a permanent warrant for arrest.
On this section: Procedural provision invoked to declare the accused a fugitive due to his repeated non-appearance and failure to comply with court summons
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Rajender Singh vs State of Haryana
Court's Decision & Legal Precedent
The mandatory requirement under Section 275(4) Cr.P.C. that witness depositions in warrant cases must be signed by the Magistrate is not a curable irregularity but a fatal defect that renders the evidence inadmissible and vitiates the entire trial. Additionally, the right to cross-examine prosecution witnesses is a fundamental component of the right to fair trial under Article 21 of the Constitution, and denial of this right prejudices the accused and violates principles of natural justice. When an Investigating Officer fails to appear for cross-examination, the evidence collected by that officer remains unproved and cannot be relied upon for conviction.
On this section: Exception to cross-examination requirement for certain statements
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Subhash vs State
Court's Decision & Legal Precedent
Once an absconding accused appears before the court and faces trial, the purpose of property attachment under Section 82 CrPC is achieved and the attached property must be released, regardless of whether the application for release is technically time-barred under Section 85(3) CrPC, particularly when the accused was genuinely unaware of the proceedings due to being out of the country. The purpose of Section 82 CrPC is limited to securing the attendance of the accused, not to punish him or permanently deprive him of property. Once this purpose is achieved through the accused's appearance and trial, substantive justice requires that the property be restored to the accused, even if he has been acquitted.
On this section: Charge-sheet filing. Court noted that charge-sheet was filed against the appellant under this section.
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State of Maha vs Suresh Dhanorkar
Court's Decision & Legal Precedent
When material witnesses are untraceable after decades and the prosecution fails to produce substantive evidence, the charge is considered 'groundless' under Section 239 CrPC.
On this section: Provision for recording evidence in the absence of the accused.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… stem from the impugned order passed in the infamous crime against Prof.T.J.Joseph, who was brutally attacked and right hand chopped off, alleging blasphemy in setting up a question paper for college examinations. The order impugned was passed in Criminal M.P.No.75/2021 (in S.C.No.1/2015), an application under Section 299 of the Code of Criminal Procedure ('Code' for short) seeking issuance of necessary orders to take the sworn in statement of PW1 (Smt.Salomi, wife of the victim) in S.C.No.1/2013 as evidence against 11 accused persons in the ongoing trial in S.C.No.1/2015 before the Special Court for trial of NIA Cases. 3. The …
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… stem from the impugned order passed in the infamous crime against Prof.T.J.Joseph, who was brutally attacked and right hand chopped off, alleging blasphemy in setting up a question paper for college examinations. The order impugned was passed in Criminal M.P.No.75/2021 (in S.C.No.1/2015), an application under Section 299 of the Code of Criminal Procedure ('Code' for short) seeking issuance of necessary orders to take the sworn in statement of PW1 (Smt.Salomi, wife of the victim) in S.C.No.1/2013 as evidence against 11 accused persons in the ongoing trial in S.C.No.1/2015 before the Special Court for trial of NIA Cases. 3. The …
Questions about Section 299
What have the courts held on Section 299 of the Code of Criminal Procedure?
Gautam Kumar Devjibhai vs State of Gujarat (25 Apr 2014) is the leading judgment on this section among those set out below: Evidence recorded in one trial can be transferred to another trial only under specific conditions with proper procedure; central issue in judgment - whether trial court's rejection of transfer application was properly considered by High Court. Another 4 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2014 to 2026.
How do I find court cases under Section 299 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 299, section 299 CRPC, section 299 of the Code of Criminal Procedure. People searching for it also type crpc 299 in bnss in marathi and crpc 299 vs bnss. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Gautam Kumar Devjibhai vs State of Gujarat (25 Apr 2014).
What should I read with Section 299 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 335 (Record of evidence in absence of accused), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 299 of the Code of Criminal Procedure come into force?
Section 299 of the Code of Criminal Procedure, cited as CRPC 299, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.