Law: Criminal Procedure Code (V of 1898)

Section: 512

(a) Criminal Procedure Code (V of 1898)--- ----S. 512---Record of evidence in absence of accused---Scope assailed order passed by trial court whereby her application for transposing to the record of trial, the statement got recorded by complainant under S.512, Cr.P.C. was dismissed---Contention of petitioner was that the complainant was residing out of country; that due to pitched enmity inter-se the parties, his coming to the country for recording of evidence was not safe; that it would cause delay and that the complainant would have to bear expenses unreasonably---Validity---Trial Court had ample power to direct the relevant authorities to ensure the safety of the person of complainant---Trial Court could also consider the possibility of recording of evidence of the prosecution witnesses by resorting to modern devices could not point out any impropriety or illegality in the impugned order---Order accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 512---Record of evidence in absence of accused---Discretionary jurisdiction---Scope---Section 512, Cr.P.C., provides that there being no immediate prospects of arrest of an accused, on fulfillment of legal requirements, proving his absconsion, the court competent to try or send for trial to the court of Sessions or High Court may in absence of such person, examine the witnesses for the offences complained of if produced by the prosecution and record their depositions---On arrest of such absconding accused, such deposition, may be given in evidence against him---Such deposition can only be given in evidence in certain exceptional circumstances, where the attendance of the witnesses, whose evidence has already been recorded under S.512, Cr.P.C., cannot be procured without any unreasonable amount of delay, expenses or inconvenience---Question of reasonableness or otherwise of the delay, expenses or inconvenience can only be determined by the court in the given facts and circumstances of the every individual case before it. (c) Criminal Procedure Code (V of 1898)--- ----S. 512---Record of evidence in absence of accused---Enabling provision of S.512, Cr.P.C.---Scope---Section 512, Cr.P.C., is enabling in its…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492