Admissibility of Deceased Witness Statements Against Absconding Accused Under Section 299 CrPC
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Case: THE STATE OF WEST BENGAL v. KADER KHAN
Court: Supreme Court of India
Date: 17-07-2026
Law: Code of Criminal Procedure, Indian Evidence Act, Indian Penal Code, Constitution of India, Bharatiya Nagarik Suraksha Sanhita.
Highlights of the Judgment:
- Interpretation of Section 299 of the Code of Criminal Procedure, 1973, regarding the admissibility of depositions recorded in the absence of an absconding accused.
- The statutory interplay between Section 299 of the Code of Criminal Procedure and Section 33 of the Indian Evidence Act, 1872.
- Evidentiary conditions required to establish that an accused was absconding with no immediate prospect of arrest.
- Clarification on whether a formal judicial order is mandatory before recording evidence under Section 299(1).
- Constitutional analysis of an absconding accused's right to confront witnesses under Article 21 of the Constitution of India.
- Application of key precedents, including Nirmal Singh and Abu Salem Ansari, on preserving evidence.