Podcast
Questions and Answers
What should the investigating officer do if the accused is absconding and cannot be traced despite efforts?
What should the investigating officer do if the accused is absconding and cannot be traced despite efforts?
What is the first step the Investigating Officer should take against an absconding accused?
What is the first step the Investigating Officer should take against an absconding accused?
Which sections of the CrPC are involved in the procedure against absconding accused?
Which sections of the CrPC are involved in the procedure against absconding accused?
What action should be taken if the period for filing a charge-sheet against the present accused is about to expire?
What action should be taken if the period for filing a charge-sheet against the present accused is about to expire?
Signup and view all the answers
What should the Investigating Officer do if the presence of the accused is not secured after efforts?
What should the Investigating Officer do if the presence of the accused is not secured after efforts?
Signup and view all the answers
What does the court do once an accused is declared as absconded?
What does the court do once an accused is declared as absconded?
Signup and view all the answers
What is required for the Investigating Officer to issue a proclamation under section 82?
What is required for the Investigating Officer to issue a proclamation under section 82?
Signup and view all the answers
What is the purpose of preserving evidence against an absconded accused during the investigation?
What is the purpose of preserving evidence against an absconded accused during the investigation?
Signup and view all the answers
What should the Investigating Officer do after completing the procedure for absconding accused?
What should the Investigating Officer do after completing the procedure for absconding accused?
Signup and view all the answers
Which order allows the court to record evidence against absconded accused?
Which order allows the court to record evidence against absconded accused?
Signup and view all the answers
What happens to the case if the accused is declared absconded?
What happens to the case if the accused is declared absconded?
Signup and view all the answers
Why is it crucial for the investigating officer to follow procedures against absconding accused promptly?
Why is it crucial for the investigating officer to follow procedures against absconding accused promptly?
Signup and view all the answers
In cases where there are multiple absconding accused, what is the Investigating Officer's next step after completing the investigation of the present accused?
In cases where there are multiple absconding accused, what is the Investigating Officer's next step after completing the investigation of the present accused?
Signup and view all the answers
What happens if witnesses are not available when an absconding accused is eventually arrested?
What happens if witnesses are not available when an absconding accused is eventually arrested?
Signup and view all the answers
What is the purpose of issuing a proclamation under section 82 of the Cr.P.C.?
What is the purpose of issuing a proclamation under section 82 of the Cr.P.C.?
Signup and view all the answers
What must happen before making a proclamation against an absconded accused?
What must happen before making a proclamation against an absconded accused?
Signup and view all the answers
What section of the Cr.P.C. is referenced for proceeding against absconding accused?
What section of the Cr.P.C. is referenced for proceeding against absconding accused?
Signup and view all the answers
What should be done if the Investigating Officer is unable to trace the absconding accused despite their efforts?
What should be done if the Investigating Officer is unable to trace the absconding accused despite their efforts?
Signup and view all the answers
What should be recorded once the absconding accused are declared as such?
What should be recorded once the absconding accused are declared as such?
Signup and view all the answers
Why does the court delay trials involving absconding accused?
Why does the court delay trials involving absconding accused?
Signup and view all the answers
What should the Investigating Officer do to ensure a fast resolution of the case when dealing with absconding accused?
What should the Investigating Officer do to ensure a fast resolution of the case when dealing with absconding accused?
Signup and view all the answers
What is one negative consequence of splitting up a trial?
What is one negative consequence of splitting up a trial?
Signup and view all the answers
What happens to the evidence against the absconding accused if it is incriminating?
What happens to the evidence against the absconding accused if it is incriminating?
Signup and view all the answers
What is a likely result when a trial is split up for the presence of an absconding accused?
What is a likely result when a trial is split up for the presence of an absconding accused?
Signup and view all the answers
What is required for the proclamation issued under section 82 to have legal sanctity?
What is required for the proclamation issued under section 82 to have legal sanctity?
Signup and view all the answers
What does the case 'Gagan Thakur v. State of Jharkhand' highlight?
What does the case 'Gagan Thakur v. State of Jharkhand' highlight?
Signup and view all the answers
What is one of the purposes served by preserving evidence against absconding accused?
What is one of the purposes served by preserving evidence against absconding accused?
Signup and view all the answers
What is one reason that can lead to the court issuing summons or warrants?
What is one reason that can lead to the court issuing summons or warrants?
Signup and view all the answers
What can be the consequence if proper procedure is not adopted in issuing a proclamation?
What can be the consequence if proper procedure is not adopted in issuing a proclamation?
Signup and view all the answers
What is the outcome sought by recording evidence against accused who are present?
What is the outcome sought by recording evidence against accused who are present?
Signup and view all the answers
How does the presence of an absconding accused affect the trial process?
How does the presence of an absconding accused affect the trial process?
Signup and view all the answers
What should a court do if it finds evidence against the absconding accused adequate?
What should a court do if it finds evidence against the absconding accused adequate?
Signup and view all the answers
What does Section 299 of the Code of Criminal Procedure primarily address?
What does Section 299 of the Code of Criminal Procedure primarily address?
Signup and view all the answers
Under what condition can evidence against an absconding accused be used against them later?
Under what condition can evidence against an absconding accused be used against them later?
Signup and view all the answers
Which of the following cases clarified the adherence to Section 299 during trials involving absconding accused?
Which of the following cases clarified the adherence to Section 299 during trials involving absconding accused?
Signup and view all the answers
According to Nirmal Singh Vs State of Hariyana, which section of the Evidence Act is mentioned regarding the admissibility of statements?
According to Nirmal Singh Vs State of Hariyana, which section of the Evidence Act is mentioned regarding the admissibility of statements?
Signup and view all the answers
What is a significant requirement for evidence to be considered admissible under Section 299?
What is a significant requirement for evidence to be considered admissible under Section 299?
Signup and view all the answers
What does the second part of Section 299 address?
What does the second part of Section 299 address?
Signup and view all the answers
Which of the following is true regarding the recording of evidence against absconding accused?
Which of the following is true regarding the recording of evidence against absconding accused?
Signup and view all the answers
In Urmila Sahu vs State Of Orissa, what was the outcome of the petitioner's request to quash the proceedings?
In Urmila Sahu vs State Of Orissa, what was the outcome of the petitioner's request to quash the proceedings?
Signup and view all the answers
What must a court do before recording evidence in the absence of an absconded accused?
What must a court do before recording evidence in the absence of an absconded accused?
Signup and view all the answers
What happens to the evidence recorded in the absence of absconded accused if the proper procedure is not followed?
What happens to the evidence recorded in the absence of absconded accused if the proper procedure is not followed?
Signup and view all the answers
According to the established law, what must the court confirm before declaring an accused as absconded?
According to the established law, what must the court confirm before declaring an accused as absconded?
Signup and view all the answers
What procedural mistake did the learned Magistrate make regarding the evidence of absconded accused?
What procedural mistake did the learned Magistrate make regarding the evidence of absconded accused?
Signup and view all the answers
What is the consequence of merely stating that evidence is not to be produced by the prosecution?
What is the consequence of merely stating that evidence is not to be produced by the prosecution?
Signup and view all the answers
Which section of the Cr.P.C. outlines the steps to be taken when an accused is declared absconder?
Which section of the Cr.P.C. outlines the steps to be taken when an accused is declared absconder?
Signup and view all the answers
What should a learned Magistrate avoid when dealing with absconded accused cases according to the outcomes of the cases mentioned?
What should a learned Magistrate avoid when dealing with absconded accused cases according to the outcomes of the cases mentioned?
Signup and view all the answers
What is a requirement for a Magistrate when they declare an accused as absconder?
What is a requirement for a Magistrate when they declare an accused as absconder?
Signup and view all the answers
Study Notes
Absconding Accused and Procedure
- Criminal cases in Maharashtra predominantly involve accused who do not appear
- Section 299 of the Code of Criminal Procedure (Cr.P.C) allows for evidence recording in cases with absconding accused
- Evidence recording under Section 299, Cr.P.C. is mandatory, no bypassing possible
- Procedure under Sections 82 and 83, Cr.P.C. must be followed before a case is filed as dormant.
Delhi High Court Ruling (Rohit Kumar @ Raju vs State of NCT Delhi)
- Procedural requirements of Sections 82/83, Cr.P.C. were not executed according to law
- The Additional Sessions Judge lacked basic Cr.P.C. knowledge.
- Judicial indiscipline was exhibited by the Additional Sessions Judge commenting on the Delhi High Court order.
Usual Police Practice in Multiple Accused Cases
- Police typically file a charge-sheet stating a suspect is absconding
- Shortcut methods exist for filing charge-sheets involving multiple accused
- Accused mentioned as absconding can be treated as case separation.
- Court can take separate charge-sheets against these accused if they fail to appear.
- Additional process like issuing warrants, bailable warrants (BW), non-bailable warrants (NBW) are followed in absentia cases.
Ill-effects of Splitting Trials
- Splitting trials create scope for abuse and manipulation.
- Splitting can lead to procedural delays and failure of justice.
- splitting of trials can create problems if same witnesses need to provide statement and they are not available in second trial.
Procedure Before Filing Charge Sheet
- If multiple accused involved, the investigation of present ones should be completed.
- Issue notices, summons for absconding accused, and attempt presence.
- Collect all report and take all efforts to secure presence of accused.
- If accused not present despite efforts, I.O. must apply to Court for permission to issue warrants.
- Take all endeavors to trace out and arrest accused.
- Issue proclamation under Section 82, Cr.P.C. and further proceeding under Section 83.
Procedure After Filing Charge Sheet
- Complete the investigation for present accused.
- Issue notices and summons for absconding accused.
- Attempt to secure their presence
- Issue warrants, letters for service.
- If present accused not found, issue proclamation under Section 82, as per procedures under Section 83 of Cr.P.C..
- Declare absconding accused and pass suitable order following proper procedure.
- Court can record regular evidence to determine the matter of the absconding accused.
- Court proceeds to record evidence under Section 299 against absconding accused.
Important Case Laws
-
Dharampal vs. Shakarappa
-
Anil vs. State of Maharashtra
-
Abdul Rahman vs. State of Rajasthan
-
CBI vs. Dawood Ibrahim Kaskar
-
Urmilla Sahu vs. State of Orissa
-
Nirmal vs State of Haryana
-
Ramayana vs State of M.P.
-
Important note on procedure, proper Cr.P.C. adherence will help reduce case pendency.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz covers the procedure for handling absconding accused in criminal cases, particularly in Maharashtra. It focuses on Section 299 of the Cr.P.C, along with the implications of the Delhi High Court ruling on the procedural requirements under Sections 82 and 83. Test your knowledge on the necessary legal compliance in such cases.
