Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
🔹 Section 356 – Trial in Absence of Accused (Fugitive Offenders)
This section lays down the procedure for conducting a criminal trial even if the accused is absconding (i.e., purposely avoiding the court). It allows the court to proceed with the trial without the physical presence of the accused under certain strict conditions.
🔹 Purpose of Section 356
The aim is to prevent undue delay in justice caused by an accused who intentionally evades arrest or court proceedings. It ensures that justice is not denied just because the accused refuses to appear.
🔹 Key Provisions of Section 356
Trial in Absence of Accused (Subsection 1):
If the court is satisfied that the accused is deliberately absconding and not likely to be arrested soon, it may proceed with the trial in his/her absence.
However, the trial can only begin after 90 days from the date the charges were framed.
Due Procedure Before Trial (Subsection 2):
Before starting the trial in absence, the court must ensure the following:
Issue at least two arrest warrants, at intervals of 30 days.
Publish a notice in a national or local newspaper about the absconding accused.
Inform any close relative or friend of the accused about the pending trial.
Post a notice on the last known residence of the accused.
Right to Legal Aid (Subsection 3):
If the accused is not represented by a lawyer, the court shall appoint a defense lawyer at government expense.
Use of Witness Testimonies (Subsection 4):
If witnesses are examined during the trial in absence, their statements can be used as evidence.
If the accused later appears, they may be given a chance to cross-examine those witnesses.
Recording of Proceedings (Subsection 5):
The court should, as far as possible, record the proceedings via audio-video means, especially witness depositions.
Voluntary Absence (Subsection 6):
If the accused, after appearing once, chooses not to attend further hearings, the trial will continue, and a verdict can be passed even in their absence.
Appeal Conditions (Subsection 7):
The accused can appeal the judgment only if they appear before the appellate court.
Any such appeal must be filed within 3 years from the date of conviction.
Application to Other Offenders (Subsection 8):
The State Government may, via notification, extend the application of Section 356 to offenders declared absconders under Section 84.
🔹 Conclusion
Section 356 is a powerful tool to ensure that the justice system is not stalled by an absconding accused. While it allows the court to proceed without the accused, it also safeguards their rights by mandating legal aid, publication of notices, and recording proceedings.
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