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.​

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