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CHAPTER 15
PROCEEDINGS AGAINST ABSCONDERS AND
RECORD OF EVIDENCE IN THEIR ABSENCE
PART B -- RECORD OF EVIDENCE IN THE
ABSENCE OF THE ACCUSED.
1. Introductory.-- The provisions of the Code of Criminal Procedure in regard to
the taking and recording of evidence in the absence of accused persons are important and
should not be overlooked.
*
[2. Evidence recorded in the absence of the absconding accused may be
used against him in certain cases.- Section 512(1) of the Code of Criminal Procedure,
1898, provides that 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 send for trial to
the Court of Session or High Court 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. Any such depositions may, on the arrest of such person, be given in
evidence against him, on the enquiry with, or trial for, the offence with which he is
charged, if the deponent is dead or incapable of giving evidence or his attendance cannot
be procured without an amount of delay, expense or inconvenience which under the
circumstances of the case would be unreasonable. Section 164 enables a Magistrate to
record, in the same manner as evidence, any statement regarding an offence made by an
accused person whomsoever it may implicate.]
3. Proceedings under section 512.-- Proceedings under section 512 of the Code
should commence by evidence being taken and recorded (1) that the accused person has
absconded and (2) that due pursuit having been made, there is no immediate prospect of
arresting him.
4. Medical evidence should be recorded in some cases.-- In cases where the crime
has terminated fatally or where medical evidence would ordinarily be required at the
trial, the evidence of the medical officer as to the cause of death, or as to the injuries
inflicted, should invariably be recorded.
5. Section 512 can be availed of also in cases when offence is not known.-- In
cases where the crime has been committed by some person unknown and the offence is
punishable with death or *[imprisonment for life], the High Court may
order an inquiry similar to that under section 512 (1) of the Code, and statements
recorded in that inquiry can be used as evidence against the offender subsequently
discovered.
6. Confession by accused implicating as absconder cannot be used after the execution
of the confession case.-- *[The] confessions by accused persons, who have
been executed, implicating an absconder cannot be used after the execution of the
confessor against the absconder, when the latter is found and placed upon his trial, as he
is not being tried in a joint trial with the other, and has had no opportunity to
cross-examine. *[(See Articles 43 and 44 of Qanun-e-Shahadat, 1984)].
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