AI Overview...
Section 299 of the Criminal Procedure Code (CrPC)
- Definition and Purpose
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Section 299 CrPC provides a special procedure for recording evidence in cases where the accused is absent, especially when they are absconding or cannot be produced. It allows for the evidence to be recorded in the absence of the accused to ensure the progress of the trial Abdul Rob VS State of Assam - Gauhati, State Of Bihar VS Kamal Prasad Singh @ Kamal Dev Singh - Patna.
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Legal Nature and Exceptions
- It is an exception to the general rule that evidence must be recorded in the presence of the accused. The section emphasizes strict compliance with its conditions for admissibility of such evidence URMILA SAHU VS STATE OF ORISSA - Orissa, Siya Devi VS Stats Of Bihar - Patna.
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The section corresponds to the old Section 512 with slight modifications, maintaining its role as an exception to normal evidence recording procedures Arun Kumar Singh VS Tribhuwan Prasad Barnwal - Patna.
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Conditions for Recording Evidence
- Evidence recorded behind the back of the accused is admissible only if certain conditions are met, including the accused's absence being due to valid reasons such as absconding or non-appearance despite due notice Arun Kumar Singh VS Tribhuwan Prasad Barnwal - Patna.
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Strict adherence to procedural requirements is necessary to validate such evidence; otherwise, it may be challenged or deemed inadmissible State Of Bihar VS Kamal Prasad Singh @ Kamal Dev Singh - Patna.
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Judicial Trends and Opinions
- Courts have generally favored a unanimous jury verdict on issues related to Section 299, emphasizing the importance of the collective judgment in determining the truth of the facts, especially in cases involving evidence recorded in the absence of the accused Emperor VS Dhananjay Ray - Calcutta.
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The courts recognize Section 299 as a vital procedural tool that balances the rights of the accused with the need to advance justice, provided its conditions are strictly followed URMILA SAHU VS STATE OF ORISSA - Orissa.
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Application in Case Law
- Several cases discuss the application and scope of Section 299, including its role in transferring depositions from previous trials and its use in cases where the accused is absconding or unavailable during evidence recording Vijay Ranglal Chaurasia VS State of Gujarat - Crimes, Georgekutty VS State of Kerala - Kerala.
- In some instances, evidence recorded under Section 299 has been challenged on procedural grounds, but courts have upheld its admissibility when all conditions are satisfied Abdul Rob VS State of Assam - Gauhati.
Analysis and Conclusion
Section 299 CrPC is a crucial procedural provision that permits the recording of evidence in the absence of the accused under strict conditions, serving as an exception to the general rule of recording evidence in their presence. Its proper application ensures the smooth conduct of trials, especially when the accused is unavailable, while safeguarding procedural fairness. Judicial opinions favor adherence to the section's requirements to maintain the integrity of evidence and uphold justice Emperor VS Dhananjay Ray - Calcutta, State Of Bihar VS Kamal Prasad Singh @ Kamal Dev Singh - Patna, URMILA SAHU VS STATE OF ORISSA - Orissa.
References: - Emperor VS Dhananjay Ray - Calcutta - Georgekutty VS State of Kerala - Kerala - Abdul Rob VS State of Assam - Gauhati - State Of Bihar VS Kamal Prasad Singh @ Kamal Dev Singh - Patna - Vijay Ranglal Chaurasia VS State of Gujarat - Crimes - Pankaj Sahu vs State Of Chhattisgarh - Chhattisgarh - Devesh Kumar @ Neeraj Dixit VS State of U. P. - Allahabad - URMILA SAHU VS STATE OF ORISSA - Orissa - Siya Devi VS Stats Of Bihar - Patna - Arun Kumar Singh VS Tribhuwan Prasad Barnwal - Patna
Search Results for "Criminal Procedure Code s 299"
1923 0 Supreme(Cal) 490 • India - Calcutta
N. R. CHATTERJEE, ASUTOSH MOOKERJEE
u/s 307 - Criminal Procedure Code - 211, Indian Penal Code - 203, Criminal Procedure Code - 342, Criminal Procedure Code - 299 ... But the trend of judicial opinion has been in favour of preference of the unanimous verdict of Juries on whom the duty is imposed by Section 299 to decide which view of the facts is true. ... This, no doubt, is a survival of the well-established tradition of English Criminal Jurisprudence; but notwithstanding this, due weight must be given to the opinion of....
1992 0 Supreme(Ker) 79 • India - Kerala
PAREED PILLAY, MANOHARAN
- S. 294, Code of Criminal Procedure - S. 299, Indian Penal Code Fact of the Case: The case involved the death of a ... dying declaration - Criminal Law - S. 300, Indian Penal Code - S. 32(1), Indian Evidence Act - S. 375, Code of Criminal Procedure ... Final Decision: The court dismissed both criminal appeals and upheld the conviction and sentence of the first accused, while ... ... In the result both the Criminal Appeals are dismissed.
2006 0 Supreme(Gau) 508 • India - Gauhati
I.A.ANSARI
Section 299 - Criminal Procedure - [Section 299 Code of Criminal Procedure] - The court discussed the application of Section 299 ... The accused challenged the application of Section 299 of the Code of Criminal Procedure. ... Issues: The issues revolved around the application of Section 299 of the Code of Criminal Procedure, the admissibility of ... Thus, recording of evidence in the absence of an accused, as envi....
2003 0 Supreme(Pat) 361 • India - Patna
P.N.YADAV, SACHCHIDANAND JHA
Indian Penal Code - Conviction under Sections 376/34 and 302/34 - Sections 273, 299 of the Code of Criminal Procedure Fact ... of the Code of Criminal Procedure. ... of the Code of Criminal Procedure. ... After dwelling upon the scope of Section 299 of the Code the Court held that : ... "So far as the second point of reference is concerned, it is clarified that as Section 299 has provided procedure for taking evidence in absence of accused, the cond....
• India - Crimes
T.S.THAKUR, C.NAGAPPAN
(Paras 11 to 17) ... (ii) Criminal Procedure Code, 1973—Section 299—Indian ... basis that evidence adduced in previous trial was evidence in the case against appellant A6 validly transferred under Section299 of CrPC—Since ... At any rate the transfer of the depositions was not in accordance with the provisions of Section 299 of the Code of Criminal Procedure, 1973. ... It has, on the contrary, proceeded on the basis that the evidence adduced in the previous trial was evidence in the case against the app....
2025 Supreme(Online)(Chh) 7488 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
The petition under Section 482 of the CrPC seeks to quash FIR dated 17.12.2021 and related criminal proceedings. ... From E-status of the trial Court of the present case, it transpires that the trial of the present case has been disposed of on 25.11.2024 as permanent warrant under Section 299 of the CrPC has been issued against him. ... (2) Quash entire criminal proceeding in Special Criminal Case No.05/2023 pending before the Special Judge (POCSO) Saraipali, Distt. Mahasamund (C.G.....
2021 0 Supreme(All) 1406 • India - Allahabad
DEVENDRA KUMAR UPADHYAYA, MOHD.FAIZ ALAM KHAN
Indian Penal Code,1860 - Sections 302, 304, 308 , 307/34 - Criminal Procedure Code,1973 – Sections 299 and ... Section 300 of the Code proceeds with reference to Section 299 of the Code. 'Culpable homicide' may or may not amount to 'murder', in terms of Section 300 of the Code. ... Sections 299 and 300 of the Code deal with the definition of 'culpable homicide' and 'murder', respectively. ... Minutely comparing each of the clauses of Section #HL_STAR....
1997 0 Supreme(Ori) 97 • India - Orissa
P.K.TRIPATHY
The court also held that Section 299, Cr.P.C. was an exception to the general rules and criminal jurisprudence regarding recording ... ACCUSED - BAIL APPLICATION - PROCEDURE. ... CRIMINAL PROCEDURE CODE - SECTION 299 - EVIDENCE - RECORDING OF EVIDENCE IN ABSENCE OF ACCUSED - SPLIT UP CASE - SURRENDER OF ... In that sense, Section 299, Cr. P. C. is an exception to the general rules and criminal jurisprudence regarding recording of ev....
1994 0 Supreme(Pat) 393 • India - Patna
A.N.CHATURVEDI
CRIMINAL PROCEDURE CODE - SECTION 299 - EVIDENCE - RECORDING OF EVIDENCE AGAINST ABSCONDING ACCUSED - CONDITIONS - STRICT COMPLIANCE ... Section 299 of the CrPC is an exception to the general rule that evidence must be taken in the presence of the accused. 2. ... of the CrPC. ... Section 299, Cr. P. C. corresponds to old Section 512 with slight changes. In the case of Emperor v. ... It may be pointed out that the provision of Section 299, ....
2000 0 Supreme(Pat) 246 • India - Patna
NAGENDRA RAI, ASHOK KUMAR VERMA
Code of Criminal Procedure 1973-Section 299-Evidence recorded behind the back of accused is admissible on fulfilment of two conditions-Firstly ... Section 299 Cr. P. C. is an exception to the said Rule. ... C. has been complied with and the evidence so recorded can be accepted under Section 299 Cr. P. C. ... So far as the second point of reference is concerned, it is clarified that as Section 299 has provided procedure for taking evidence in absence ....
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