Section 299 of CrPC : Section 299: Record of evidence in absence of accused.

CrPC

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Explanation using Example

Example 1:

Rajesh is accused of committing a serious fraud in Mumbai. However, before the police could arrest him, he absconds and his whereabouts are unknown. The police have strong evidence against Rajesh and several witnesses who can testify about his involvement in the fraud. Since Rajesh cannot be found and there is no immediate prospect of arresting him, the court decides to proceed under Section 299 of the Code of Criminal Procedure, 1973. The court examines the witnesses in Rajesh's absence and records their statements. Months later, Rajesh is finally arrested. During his trial, the prosecution uses the previously recorded depositions of the witnesses because one of the key witnesses has since passed away and another has moved abroad and cannot be brought back without significant delay and expense. The court accepts these depositions as evidence against Rajesh.

Example 2:

In a remote village in Rajasthan, a murder takes place, and the police are unable to identify the perpetrator immediately. The crime is serious, punishable by death or life imprisonment. The High Court directs a Magistrate of the first class to conduct an inquiry and record the statements of any witnesses who might have information about the murder. The Magistrate records the depositions of several villagers who witnessed suspicious activities around the time of the murder. A year later, the police arrest a suspect, Ramesh, based on new evidence. During Ramesh's trial, the prosecution uses the depositions recorded by the Magistrate because one of the witnesses has died and another has moved to a different country. The court allows these depositions to be used as evidence against Ramesh.

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