Section 335 - Record of evidence in absence of accused

Recording evidence in absence of accused permits courts to examine witnesses and use depositions against later-arrested accused.

If an accused has absconded and cannot be readily arrested, the competent trial court may examine prosecution witnesses and record their depositions in the accused's absence; those depositions may later be used against the accused if the witness is dead, incapable, cannot be found, or procuring attendance would cause unreasonable delay, expense or inconvenience. For offences punishable with death or life imprisonment by unknown persons, the High Court or Sessions Judge may direct a first-class Magistrate to inquire and record witness testimony, which may later be admissible against any subsequently accused person if the deponent is dead, incapable, or beyond India.