(1) If it is proved that an accused person has absconded, and that there is no
immediate prospect of arresting him, the Court competent to try, or commit for trial, such
person for the offence complained of may, in his absence, examine the witnesses (if any)
produced on behalf of the prosecution, and record their depositions and any such deposition
may, on the arrest of such person, be given in evidence against him on the inquiry into, or
trial for, the offence with which he is charged, if the deponent is dead or incapable of giving
evidence or cannot be found or his presence cannot be procured without an amount of
delay, expense or inconvenience which, under the circumstances of the case, would be
unreasonable.
(2) If it appears that an offence punishable with death or imprisonment for life has
been committed by some person or persons unknown, the High Court or the Sessions
Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any
witnesses who can give evidence concerning the offence and any depositions so taken
may be given in evidence against any person who is subsequently accused of the offence,
if the deponent is dead or incapable of giving evidence or beyond the limits of India.
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