Evidence -- Absconding Accused -- Prior deposition usable without formal order recording absconsion
Criminal Procedure Code, 1973, S.299 -- Evidence -- Absconding Accused -- Requires only that the accused is absconding and there is no prospect of immediate arrest before deposition of a witness who later dies or becomes unavailable can be used in a subsequent trial against that accused. No statutory requirement exists for the Magistrate to pass a formal order recording compliance with these two facts before the deposition is recorded. Once the accused is shown as absconding through proclamation and chargesheet records, and no challenge is raised, the requirement stands satisfied.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
