Code of Criminal Procedure, 1898 — Section 512: Record of evidence in absence of accused

512. Record of evidence in absence of accused.__ (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 1[send for trial to the Court of Session or High Court] 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. 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 his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.

(2)Record of evidence when offender unknown. If it appears that an offence punishable with death or 2[imprisonment for life] has been committed by some person or persons unknown, the High Court may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence. 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 3[Pakistan].

(2)If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and sale of the moveable 1[or immovable] property belonging to such person or his estate if he be dead.

(3)Such warrant may be executed within the local limits of the jurisdiction of the Court which issued it; and it shall authorize the 2[attachment] and sale of any moveable property belonging to such person without such limits, when endorsed by the 3[District Officer (Revenue)] 4[* * *] within the local limits of whose jurisdiction such property is found.

(4)If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months.

(5)The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only 1[which shall not be more than half of surety amount of penalty].

(6)Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond 5[* * *]. 6 [(7) When any person who has furnished security under section 106 or section 118 7[* * *] is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 514B, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.] 8 [514A. Procedure in case of insolvency or death of surety or when a bond is forfeited. When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 514, the Court by whose order such bond was taken, or a 9[* * *] Magistrate of the first class, may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and, if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order. CHAPTER XLIII OF THE DISPOSAL OF PROPERTY 1 [516A. Order for custody and disposal of property pending trial in certain cases. When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy or natural decay, may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of 2[:]] 3 [Provided that, if the property consists of explosive substance, the Court shall not order it to be sold or handed over to any person other than a Government department or office dealing with, or to an authorised dealer in, such substances 4[:] 4 [Provided further that if the property is a dangerous drug, intoxicant, intoxicating liquor or any other narcotic substance seized or taken into custody under the Dangerous Drugs Act, 1930 (II of 1930), the Customs Act, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. 4 of 1979), or any other law for the time being in force, the Court may, either on an application or of its own motion and under its supervision and control, obtain and prepare such number of samples of the property as it may deem fit for safe custody and production before it or any other court and cause destruction of the remaining portion of the property under a certificate issued by it in that behalf: Provided also that such samples shall be deemed to be whole of the property in an inquiry or proceedings in relation to such offence before any authority or court.]