Supreme Court Mandates Formal Order Under Section 299 CrPC for Use of Evidence Against Absconding Accused

Case Snapshot

Case Name: Mahendra Singh v. State of Chhattisgarh

Citation: 2026 INSC 775

Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran

Date of Judgment: July 31, 2026

Area of Law: Criminal Procedure, Evidence Law, Absconding Accused

The Judgment in One Line

Evidence recorded under Section 299 CrPC cannot be used against an accused later unless a formal order proves both jurisdictional facts.

Why This Judgment Matters

This judgment is a significant clarification of Section 299 of the Code of Criminal Procedure, which allows recording of evidence in the absence of an absconding accused. The Court held that the prosecution must obtain a formal order proving both jurisdictional facts—that the accused is absconding and there is no immediate prospect of arrest—at the time of recording evidence. An order passed years later cannot cure this defect. This safeguards the accused's right to cross-examination under Section 33 of the Indian Evidence Act and prevents misuse of the exception carved out for absconding accused. The judgment acquits an accused convicted primarily on testimony recorded without such an order.

Background

On April 1, 1999, two accused were charged with murder. The prosecution alleged that the appellant (Mahendra Singh) assaulted and strangled the victim while the other accused exhorted him and threatened witnesses. The appellant absconded, while the other accused was tried and acquitte

... Upgrade to a Premium Plan to view the full judgment.