CRPC §299 → BNSS §335

Record of evidence in absence of accused

Substantively sameConfidence: mediumStatus: cross checkedconsolidation context(precautionary)
Last updated 2026-05-01 · Input coverage: partial

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §299
Record of evidence in absence of accused

299. Record of evidence in absence of accused.—(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 1[, 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. CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

New law
BNSS §335
Record of evidence in absence of accused.

335.

(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.

What changedAI-inferred

Record of evidence in absence of accused — BNSS 335 strengthens trial-in-absentia framework.

Old position

CrPC 299 is concerned with Record of evidence in absence of accused. Record of evidence in absence of accused

New position

BNSS 335 modifies the framework. Topic: 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

BNSS 335 modifies CrPC 299. Record of evidence in absence of accused — BNSS 335 strengthens trial-in-absentia framework. BNSS 335 text: 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...

Editorial deltaAI-indicated (source-linked)

BNSS 335 carries forward CrPC 299's framework for recording the evidence of prosecution witnesses in the absence of an absconding accused. Sub-section (1) preserves the operative phrasing character-identically; the CrPC text's square-bracketed insert ', or commit for trial,' is incorporated as plain text in BNSS 335(1) without the amendment-brackets. The conditions for later use of such depositions in evidence (deponent dead, incapable of giving evidence, untraceable, or presence not procurable without disproportionate delay/expense/inconvenience) are preserved. Sub-section (2) of CrPC 299 is not in this extract.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 299 continues to apply. For matters from that date forward, BNSS 335 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 335 (Record of evidence in absence of accused.). The relationship is classified as modified — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §299 → BNSS §335 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/299.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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