Trial in absentia
Also called: Section 356 BNSS · Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT
Meaning
Trial in absentia means holding a trial without the accused being present. Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 allows this for a proclaimed offender, meaning a person the court has formally declared to be absconding (hiding to escape trial). The trial can go on, and judgment can be given, once 90 days have passed from the framing of charges. The aim is to stop accused persons from blocking justice simply by running away.
Example
An accused person in a fraud case flees after charges are framed, and the court declares them a proclaimed offender. Once 90 days have passed since the charges were framed, the court can continue the trial and deliver judgment without them.
Don't confuse with
- Ex parte proceeding in civil cases: this happens when a party in a civil suit fails to appear. Section 356 BNSS is a criminal-law provision, and it applies only to absconding proclaimed offenders.
Related concepts
- Bharatiya Nyaya Sanhita 2023
- Bharatiya Nagarik Suraksha Sanhita 2023
- Bharatiya Sakshya Adhiniyam 2023
- Malimath Committee
- Mob lynching
- Community service
- Witness Protection Scheme 2018
- Public prosecutor
- Inter-operable Criminal Justice System