What is 'trial in absentia'? Provisions under BNSS and safeguards
Trial in absentia refers to a criminal trial conducted in the absence of the accused. Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), it is permitted if a 'proclaimed offender' has absconded to evade trial and there is no immediate prospect of arrest. This provision allows the court to proceed with inquiry, trial, and judgment as if the accused were present. The BNSS introduces procedural safeguards, including issuance of consecutive warrants, public notices, and appointment of a defence lawyer, to ensure a fair trial, a significant departure from the more limited provisions of the previous CrPC.
Key Points
- Trial in absentia is a criminal trial conducted in the absence of the accused.
- Section 356 of the BNSS allows for trial in absentia for 'proclaimed offenders' in cases of serious offences.
- The BNSS provision is a significant expansion compared to the limited scope under the previous CrPC.
- Procedural safeguards include multiple arrest warrants, public notices, and mandatory appointment of a defence lawyer for the accused.
- The trial cannot commence until 90 days after charges are framed, allowing ample time for the accused to appear.
Exam Facts
- The concept is defined under Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- A 'proclaimed offender' is defined under Section 84 of the BNSS.
- The previous law was the Code of Criminal Procedure (CrPC) 1973.
- The BNS 2023 (Bharatiya Nyaya Sanhita) replaced the Indian Penal Code.
- The case of Hafiz Saeed is cited as a context for this provision.
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