Criminal Court Must Be Fully Satisfied Regarding Accused's Abscondence Before Invoking S.299 CrPC: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed a trial court order invoking Section 299 of the CrPC, 1973 (now Section 335 BNSS) against a petitioner accused, holding that the provision cannot be triggered casually on the mere request of the Investigating Officer.The court noted that the trial court acted merely on the statements of the Investigating Officer and a constable without adequate proof that the accused had absconded and that there was no immediate prospect of his arrest.A bench of Justice Mohd Yousuf Wani, while setting aside the trial court's order dated 12.12.2022, directed the petitioner to surrender before the trial court, clarifying that he would be at liberty to seek bail, which the trial court must consider expeditiously in accordance with law.Emphasizing the strict safeguards under the law, the Court observed “A criminal court before initiating the process under Section 299 of the Code corresponding to Section 335 of the BNSS against any accused is needed to be fully satisfied regarding proof that said accused is absconding and there are no immediate prospects of his arrest.”The court expressed concern that criminal courts often act mechanically on police requests without proper satisfaction. He said that the “Criminal courts use to initiate proceedings against the accused persons in terms of the provisions of Section 299 of the erstwhile repealed Code of Criminal Procedure, 1973, corresponding to the provisions of Section 335 of the BNSS on the mere asking of the SHO/IO concerned.” It cautioned that recording prosecution evidence in the absence of the accused can cause serious repercussions, particularly when such witnesses later die or become incapable of being cross-examined.The Court made it clear that before invoking Section 299 CrPC/Section 335 BNSS, trial courts must be mindful of the risks and ensure that there is conclusive proof of absconding and no immediate prospect of arrest.Case Title: Mohammad Sidiq Lone vs Union Territory of J&K and OrsFor Petitioner/Appellant: Mr. S.M. Saleem, AdvocateClick Here To Read/Download Order

Criminal Court Must Be Fully Satisfied Regarding Accused's Abscondence Before Invoking S.299 CrPC: J&K&L High Court

Aleem Syeed

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