BNSS Section 335: Recording of Evidence in the Absence of the Accused

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a new criminal procedure code replacing the old CrPC (Code of Criminal Procedure), 1973. One important section of this new legal framework is Section 335, which deals with recording evidence when the accused person is not present in court.

This section is crucial because justice should not be delayed or denied simply because an accused person chooses not to appear in court. Let’s break down this section in simple terms so that everyone can understand its purpose, process, and importance.

Outline of the Article

1. Introduction to BNSS and Section 335
   
   

2. Objective of Section 335
   
   

3. Legal Text and Simplified Explanation
   
   

4. Conditions under Which Evidence Can Be Recorded in Absence
   
   

5. Safeguards for the Accused
   
   

6. Importance in Ensuring Justice
   
   

7. Case Law and Judicial Interpretation (if any)
   
   

8. Possible Misuse and Safeguards
   
   

9. Comparison with Old CrPC (if applicable)
   
   

10. Conclusion and Summary
    
    

1. Introduction to BNSS and Section 335

The Bharatiya Nagarik Suraksha Sanhita (BNSS) came into force to replace the outdated CrPC and make India’s criminal justice system faster and more victim-friendly. Section 335 is one of the progressive provisions added to prevent unnecessary delays in trials.

This section deals with a common problem in criminal cases — when the accused person absconds (runs away) or refuses to appear in court, the entire trial process often comes to a standstill. Section 335 provides a legal method to continue recording witness statements even in the absence of the accused under specific conditions.

2. Objective of Section 335

The main purpose of Section 335 is to protect the interests of justice. Courts should not wait endlessly for the accused to show up, especially in serious cases. Witnesses may forget facts, lose interest, or even become unavailable over time. By allowing the court to record evidence even when the accused is absent, this section ensures that:

• The trial moves forward.
  
  

• Witnesses’ memory is fresh.
  
  

• Justice is not denied to victims or society.
  
  

3. Legal Text and Simplified Explanation

Legal Text (paraphrased version for understanding):

If an accused is not present during the trial — and it is proved that they are deliberately avoiding court — the judge may record the evidence of witnesses in their absence. Later, if the accused is arrested or appears in court, the recorded statements can be used against them.

Simple Explanation:

This means if someone is intentionally staying away from court to avoid punishment, the court can still go ahead and take witness statements. When the accused is finally brought to court, those statements are still valid and can be used as part of the trial.

4. Conditions Under Which Evidence Can Be Recorded in Absence

To avoid misuse, the law lays down specific conditions that must be met before applying Section 335:

1. The accused must be avoiding court intentionally.
   The court must be satisfied that the accused is hiding or not appearing on purpose.
   
   

2. Efforts must be made to arrest the accused.
   The police should try their best to bring the accused before the court.
   
   

3. Notice to the accused’s lawyer (if any).
   If the accused has a legal representative, they must be informed before recording evidence.
   
   

4. Court’s discretion.
   The judge must apply their mind and pass a reasoned order explaining why it is necessary to record evidence in the accused’s absence.
   
   

5. Safeguards for the Accused

Even though the accused is absent, the law still ensures that their rights are protected. These safeguards include:

• Right to cross-examine witnesses later, when the accused appears in court.
  
  

• Recording must be done fairly, without bias.
  
  

• The judge has to provide written reasons for recording evidence in absence.
  
  

• Legal representation must be provided, if necessary.
  
  

These rules help maintain the balance between justice for the victim and fairness for the accused.

6. Importance in Ensuring Justice

Section 335 plays a vital role in improving the speed and efficiency of criminal trials. In many cases, trials remain pending for years just because the accused is missing. Victims feel helpless and the court system suffers.

By allowing the trial to continue under specific conditions, Section 335:

• Prevents misuse of delay tactics by the accused
  
  

• Helps in early disposal of cases
  
  

• Ensures protection of witnesses from intimidation
  
  

• Upholds the principle that justice delayed is justice denied
  
  

7. Case Law and Judicial Interpretation (if any)

Since BNSS is new, Indian courts will gradually interpret this section in actual cases. However, similar provisions in the old CrPC (like Section 299) were used in the past, and the judiciary has supported this idea when the accused was absconding.

Courts have repeatedly said that the right to a fair trial applies to both the accused and the victim, and laws like this help maintain that fairness.

8. Possible Misuse and Safeguards

While Section 335 is powerful, it must be used carefully to avoid misuse:

• Police must not fake an absconding report.
  
  

• Judges must verify facts independently.
  
  

• Witnesses must be credible.
  
  

To avoid misuse:

• The judge’s order must be well-reasoned.
  
  

• There must be documented efforts to find the accused.
  
  

• The recording should be done in an open and transparent manner.
  
  

The presence of these checks and balances makes this law robust and fair.

9. Comparison with Old CrPC Section 299

Under the old Code of Criminal Procedure, Section 299 allowed recording evidence in the absence of the accused if the person was absconding. BNSS Section 335 is a modernized version of CrPC Section 299, with added clarity and structure.

What's new in BNSS:

• More clearly defined legal process
  
  

• Better safeguards for the accused
  
  

• Streamlined procedures to fast-track justice
  
  

This makes BNSS more efficient and aligned with current-day needs.

10. Conclusion and Summary

BNSS Section 335 is a powerful legal tool designed to stop the accused from using delay tactics and hiding from justice. It allows courts to record evidence in their absence under strict conditions. This ensures that cases move forward and victims get timely justice.

At the same time, the law also provides protection for the rights of the accused, ensuring fairness and balance in the trial. Section 335 reflects a forward-looking approach in Indian criminal law, supporting faster, fairer, and more efficient justice delivery.

As the BNSS is implemented and used in courts, Section 335 will likely prove to be one of the key reforms that help reduce case backlogs and increase accountability.