BNSSSection 356Verified

Trial in Absentia of Proclaimed Offenders — New BNSS Provision

Trial of proclaimed offenders in their absence — conviction possible; court-appointed defence; right to appeal on arrest

Legal Commentary

Section 356(1): Where the accused has absconded or his whereabouts are unknown and cannot be arrested and there is no immediate prospect of arrest, it shall be competent for the Court to proceed with the trial in absence — where after framing of charges the accused has absconded; or where the accused is declared a proclaimed offender. Section 356(2): The Court shall appoint a pleader to defend the accused. Section 356(3): The judgment shall be pronounced in open Court, and if the accused is eventually arrested, the Court shall inform him of the judgment and he shall have the right to file an appeal.

Explanation

BNSS Section 356 is one of the most consequential structural innovations — it enables trials and convictions in absentia for proclaimed offenders. Under CrPC, an accused's absconding froze the trial indefinitely — a massive loophole exploited by affluent accused who could flee abroad or go into hiding. BNSS Section 356 closes this gap. Key safeguards: (1) court must appoint a pleader to defend the accused — some adversarial protection even in absence; (2) judgment in open court; (3) right to appeal on arrest — post-trial remedy preserved. This provision is inspired by international models (ICC, UK, US, Germany, France) which all have in absentia mechanisms. Constitutionality under Art. 21 will be litigated — right to be heard is a fair trial fundamental right.

Related Topics

BNSS Section 356trial in absentia IndiaBNSS 356 absentiaproclaimed offender trial BNSSabsconder trial IndiaBNSS 2023 new provisions trialtrial without accused Indiafugitive trial India BNSSeconomic offender trial India

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Historical Context

Original Act
Bharatiya Nagarik Suraksha Sanhita
Category
BNSS
← All Bharatiya Nagarik Suraksha Sanhita Sections