Trial in absentia
Why in news?
Delhi Police invoked this provision for the first time on November 24, 2025, in a murder case where accused faces trial in absentia after being declared a proclaimed offender. The court framed charges against the accused despite his absence, following his evasion despite warrants and a charge sheet filed in August 2025.​
About
Trial in absentia under BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) enables courts to conduct inquiries, trials, or judgments without the accused's presence for specific cases, replacing CrPC limitations.​
Core Provisions
- Section 355: Optional for cases where accused presence is unnecessary or they disrupt proceedings; requires advocate representation, recorded reasons, and possible later summons.​
- Section 356: Mandatory for proclaimed offenders (serious offences: 10+ years/life/death imprisonment) absconding to evade trial, after failed arrest efforts.​
Preconditions for Section 356
- Two warrants issued (30-day gap), proclamation publication in newspapers/official gazette, notices to relatives/friends, property attachment if needed.​
- Trial begins only 90 days post-charge framing; no immediate arrest prospects.​
Procedure and Safeguards
- State appoints defence counsel if unrepresented; evidence video-recorded where possible.​
- Prosecution witnesses deposed as evidence; absconders can later cross-examine post-arrest if justice demands.​
- Judgment valid even if accused appears later; appeals need personal appearance within 3 years.​
Implications
- Balances swift justice against evasion, treating absence as waived right.​
- Aligns with Bharatiya Sakshya Adhiniyam for joint trials; operational for proclaimed offenders as of 2025.​
