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.
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