Introduction to Section 335 BNSS
BNSS Section 335 deals with recording evidence when the accused is absconding. This section allows courts to record witness statements in the absence of an accused who cannot be arrested quickly. The aim of this provision is to prevent delays in justice and ensure that important evidence is preserved. It’s especially useful in serious cases like murder, fraud, or terrorism, where the accused may run away. This helps courts maintain fairness while protecting victims’ rights.
What is BNSS Section 335 ?
BNSS Section 335 explains how courts can record evidence of witnesses when the accused is missing. If the accused has run away and cannot be caught soon, the court can take witness statements in their absence. These recorded statements help ensure justice is not delayed. Later, when the accused is found, the depositions can be used during the trial.
BNSS Section of 335 in Simple Points
1. Recording Evidence When Accused is Missing
BNSS 335 allows the court to record the statements of witnesses even when the accused has absconded. This happens only when there is no immediate hope of arresting the accused. The statements are recorded legally and properly in front of the court. These statements can later be used as evidence in court. However, they will be used only if the witness dies or cannot be found later. This helps protect justice even when the accused tries to avoid trial. The court ensures that this is done fairly.
2. Using Recorded Statements at Trial
When the absconding accused is caught, the earlier recorded witness statements can be shown in court. But this is allowed only in certain situations, like if the witness has died or has become incapable of testifying. This rule is important to avoid delays due to the non-availability of witnesses. It helps the trial process continue smoothly without losing important evidence. Courts must check that using such evidence is fair to both parties. This system ensures that witness testimony is not lost due to delays.
3. Procedure in Cases of Unknown Accused
BNSS 335 also applies when the accused is unknown, especially in serious crimes like murder or terrorism. The High Court or Sessions Judge can direct a Magistrate to record witness statements in such cases. This ensures that key evidence is secured early. If an accused is identified later, those recorded statements may be used in court. The law balances the need to collect evidence quickly with fairness for the accused. It’s a smart way to preserve justice in difficult situations.
4. Use Only in Serious Cases
BNSS 335 is usually used in serious criminal cases, especially those punishable by death or life imprisonment. This includes crimes like murder, rape, dacoity, or terrorism. These crimes often involve complicated investigations, and sometimes, accused persons run away or remain unidentified for long periods. Without this section, vital witness testimony might be lost forever. The section provides a safeguard to ensure that key parts of the case are recorded on time. It keeps the judicial process efficient and fair.
5. Protecting Rights of the Accused
Even though the court records evidence in the absence of the accused, BNSS 335 includes protections for the accused’s rights. The recorded depositions can only be used if witnesses become unavailable or pass away. This prevents misuse of the provision. Also, courts carefully verify whether using the statements is justified. This ensures that the accused still gets a fair trial. By balancing justice for the victim and fairness for the accused, BNSS 335 plays an important role in legal procedures.
335 BNSS Overview
BNSS 335 ensures that courts can record depositions of witnesses when the accused has absconded and is not likely to be arrested soon. These recorded depositions can later be used during the trial if the accused is found, but only in certain conditions — like if the witness has died or is unavailable. It also allows inquiries into serious unknown accused cases, ensuring justice moves forward without delay. The High Court or Sessions Judge supervises the process in major crimes.
BNSS Section 335 – 10 Key Points Explained
1. Meaning of BNSS Section 335
BNSS Section 335 explains how courts can record the evidence of witnesses even when the accused person is absent, if that person has absconded. It allows courts to move ahead with the trial process when it’s clear that the accused is intentionally avoiding arrest. The main goal is to prevent justice from being delayed. The law ensures that important witness testimonies are not lost just because the accused is hiding. It also protects evidence if witnesses might die or disappear later. This section helps courts handle serious cases fairly.
2. Recording Evidence in Absence of the Accused
If an accused is absconding and there’s no immediate chance of arrest, the court can record the depositions of prosecution witnesses. These depositions can later be used in the trial when the accused is caught. But there’s a condition — these depositions can only be used if the witness is dead, incapable, or cannot be found later. This prevents unfairness to the accused while ensuring that valuable evidence isn’t lost. It helps courts prepare for future proceedings even if the accused is missing.
3. Protection Against Delay or Injustice
One important reason for BNSS 335 is to prevent delay, inconvenience, or injustice. Sometimes, witnesses may move to different locations, pass away, or forget important details over time. If courts wait endlessly for an absconding accused to appear, important evidence may become weak or lost. This provision allows courts to capture critical evidence at the right time. It ensures that justice is not dependent only on the availability of the accused. This approach balances the rights of the accused and the needs of justice.
4. Recording Evidence in Cases of Unknown Accused
BNSS Section 335 also deals with serious crimes like murder or offences punishable with death or life imprisonment where the accused is unknown. In such cases, the High Court or Sessions Judge can direct a Magistrate to hold an inquiry and record witness statements. These statements can later be used if the actual accused is identified. If the witness cannot testify later because of death or absence, the recorded deposition stands as evidence. This helps courts maintain a solid record in complex cases.
5. Use of Depositions in Future Trials
Depositions recorded under BNSS 335 can be used later in court once the accused is arrested, but only under certain conditions. The court must be satisfied that the witness is dead, untraceable, incapable of testifying, or outside India. This prevents misuse of such depositions and ensures that only reliable and necessary evidence is used. It protects the accused from unfair treatment. This process ensures that the legal system remains fair but doesn’t allow absconding to break the chain of justice.
6. Safeguards for the Accused
BNSS 335 is carefully designed to protect the rights of the accused. The recorded evidence is not automatically used against the accused unless necessary conditions are met. The accused will have a chance to cross-examine the witness if the witness is available when the trial begins. The court also has to follow rules of fairness and natural justice while accepting depositions as evidence. This maintains a balance between speedy justice and protecting the rights of the accused.
7. Practical Use in Criminal Trials
This section is practically used in cases where criminals flee to avoid arrest, such as in cases of murder, fraud, terrorism, or organized crime. Courts often face situations where important witnesses are old, sick, or live in risky areas. Using BNSS 335, courts can preserve their statements in a formal and legal way. It ensures that prosecution doesn’t suffer because of the accused’s absence. This makes the judicial process stronger and helps in securing justice for victims and society.
8. Procedure for Recording Depositions
The procedure under BNSS 335 is systematic. The prosecution brings witnesses before the court, and the court records their statements officially. These statements are kept on record for use during the main trial. Proper verification, signing, and attestation of these depositions are done to maintain legal validity. The court makes sure that everything is documented properly. This procedure ensures that no confusion arises later during the trial. Courts also mention reasons in writing if they decide to use such depositions.
9. Role of Magistrate and Higher Courts
Both Magistrates and higher courts like Sessions Judges or the High Court have roles under BNSS 335. While lower courts handle cases of absconding accused, higher courts guide inquiries in serious unknown accused cases. This division of responsibility makes the judicial process more organized. The Magistrate records the evidence, while the High Court or Sessions Judge oversees the inquiry in serious matters. This hierarchy helps in handling both routine and complex criminal cases efficiently under BNSS 335.
10. Supporting Justice and Society
Overall, BNSS 335 supports justice by ensuring that the absence of an accused does not weaken the prosecution’s case. Victims of crime deserve to have their voices heard, and their cases deserve to be decided on strong evidence. By preserving critical witness testimonies, this provision strengthens the criminal justice system. It also discourages criminals from absconding, knowing that courts will continue working even in their absence. BNSS 335 reflects the principle that justice should never wait unnecessarily.
Example 1:
Ravi, accused of murder, flees the country. The court records the statements of key witnesses to preserve the evidence. Later, when Ravi is arrested, these depositions are used because one of the witnesses had passed away.
Example 2:
In a case of unknown accused involving a bank robbery, the High Court orders the Magistrate to record the statements of local shopkeepers who saw suspicious people. Later, when police arrest someone based on further investigation, these depositions help in proving the case.
BNSS Section 335 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 335 |
| Main Rule | Allows courts to record witness evidence when the accused has absconded or is unlikely to be arrested soon. |
| Use of Recorded Evidence | Recorded statements can be used later only if the witness has died, is missing, or cannot testify. |
| Unknown Accused Cases | High Court or Sessions Judge may order evidence recording in serious cases where the accused is not yet identified. |
| Purpose | To preserve important testimony, prevent delay, and ensure fair trials even when the accused avoids court. |
Why Needed BNSS 335?
BNSS 335 is important to ensure that justice is not delayed or denied because the accused is missing. Often, in serious criminal cases, the accused escapes to avoid punishment. If key witnesses pass away or go missing before the trial starts, their evidence may be lost. This section allows courts to record that evidence early to keep it safe. It ensures that the guilty do not escape justice by running away. It also allows fair protection for the accused by using that evidence only when necessary and fair. This helps courts maintain a balance between delivering justice and upholding legal fairness.
BNSS Section 335 FAQs
BNSS 335
Conclusion
BNSS Section 335 helps courts secure key witness statements when the accused is absconding or unknown. These recorded statements are later used only under strict conditions, ensuring fairness to the accused while protecting important evidence. It keeps serious criminal cases moving without risking the loss of vital testimony.
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