{"id":367508,"date":"2026-07-15T19:16:09","date_gmt":"2026-07-15T13:46:09","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=367508"},"modified":"2026-07-15T19:16:09","modified_gmt":"2026-07-15T13:46:09","slug":"what-is-trial-in-absentia","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/what-is-trial-in-absentia\/","title":{"rendered":"What is \u2018Trial in Absentia\u2019?"},"content":{"rendered":"

UPSC Syllabus: Gs Paper 2- <\/strong>Judiciary<\/p>\n

Introduction<\/strong><\/h2>\n

A trial in absentia<\/strong> is a criminal trial conducted without the physical presence of the accused. Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)<\/strong> introduces this provision for proclaimed offenders who deliberately evade trial and cannot be arrested soon. The law seeks to prevent serious criminal cases from remaining pending, while prescribing safeguards to protect the accused’s right to a fair trial and maintain the balance between public interest and individual rights.<\/p>\n

Meaning of Trial in Absentia<\/strong><\/h2>\n
    \n
  1. Definition:<\/strong> A trial in absentia<\/strong> means a criminal trial conducted in the absence of the accused before the court.<\/li>\n
  2. Basic principle:<\/strong> The law is based on the idea that a person who deliberately avoids the court may be treated as having waived the right to remain present during the trial.<\/li>\n
  3. Exceptional procedure:<\/strong> The presence of the accused remains the normal rule in criminal trials. Trial in absentia is an exception used only in limited and serious situations.<\/li>\n
  4. Purpose:<\/strong> It prevents criminal proceedings from remaining pending only because the accused continues to evade the legal process.<\/li>\n<\/ol>\n

    Legal Framework under Section 356 of BNSS<\/strong><\/h2>\n
      \n
    1. Statutory basis:<\/strong> Section 356 of the BNSS<\/strong> provides the legal authority to conduct a full criminal trial in the absence of the accused.<\/li>\n
    2. Conditions for use:<\/strong> The provision applies only when a proclaimed offender has absconded to avoid trial and there is no immediate prospect of arrest<\/strong>.<\/li>\n
    3. Judicial satisfaction:<\/strong> Before proceeding, the court must record its reasons in writing to justify conducting the trial without the accused.<\/li>\n
    4. Court’s powers:<\/strong> Once the legal conditions are fulfilled, the court may continue the inquiry, conduct the trial and pronounce judgment as if the accused were present.<\/li>\n
    5. Part of criminal law reform:<\/strong> The BNSS replaces the Code of Criminal Procedure (CrPC), 1973<\/strong>, and introduces a complete legal framework for trial in absentia.<\/li>\n<\/ol>\n

      Applicability and Procedural Safeguards<\/strong><\/h2>\n
        \n
      1. Limited applicability:<\/strong> The provision applies only to a proclaimed offender<\/strong> declared under Section 84 of the BNSS<\/strong>. It cannot be used against every absconding accused.<\/li>\n
      2. Serious offences only:<\/strong> Trial in absentia is limited to offences punishable with imprisonment of 10 years or more, life imprisonment or death<\/strong> under the Bharatiya Nyaya Sanhita, 2023<\/strong>, or any other law.<\/li>\n
      3. Declaration as proclaimed offender:<\/strong> A court may declare a person a proclaimed offender after the required inquiry if the person fails to appear following a proclamation.<\/li>\n
      4. Repeated attempts to secure presence:<\/strong> Before starting the trial, two consecutive warrants of arrest<\/strong> must be issued with an interval of at least 30 days<\/strong>.<\/li>\n
      5. Notice to the accused:<\/strong> A notice must be published in a local or national newspaper, displayed at the accused’s last known residence, and a relative or friend must also be informed. The accused gets 30 days<\/strong> to appear.<\/li>\n
      6. Opportunity for defence:<\/strong> The trial cannot begin until 90 days<\/strong> after framing of charges. If the accused has no lawyer, the court must appoint one at the State’s expense<\/strong>.<\/li>\n
      7. Protection of evidence:<\/strong> Statements of prosecution witnesses recorded before the trial may be used as evidence. If the accused later appears or is arrested, the court may allow cross-examination in the interest of justice.<\/li>\n
      8. Use of technology:<\/strong> Witness examination should, as far as possible, be recorded through audiovisual electronic means<\/strong>. These recordings must be preserved to maintain transparency and facilitate later review.<\/li>\n<\/ol>\n

        How BNSS Differs from the CrPC<\/strong><\/h2>\n
          \n
        1. Earlier legal position:<\/strong> The CrPC<\/strong> allowed proclamation, attachment of property, recording of evidence in the absence of an absconding accused and limited exemption from personal appearance.<\/li>\n
        2. Limited scope under CrPC:<\/strong> These provisions did not permit a complete criminal trial and pronouncement of judgment against an absconding accused.<\/li>\n
        3. Judicial discretion under the CrPC:<\/strong> The CrPC<\/strong> allowed courts to proceed without the accused’s personal attendance only in limited situations, such as when personal presence was unnecessary in the interest of justice or when the accused repeatedly disturbed the proceedings.<\/li>\n
        4. Major reform under BNSS:<\/strong> Section 356<\/strong> allows a full trial and judgment against proclaimed offenders, reducing delays caused by accused persons who continue to evade arrest.<\/li>\n
        5. Change in criminal procedure:<\/strong> The new law shifts the focus from merely preserving evidence to completing the entire judicial process in eligible cases.<\/li>\n<\/ol>\n

          Significance and Concerns<\/strong><\/h2>\n
            \n
          1. Speedy disposal of serious cases:<\/strong> The provision helps courts continue proceedings instead of keeping grave criminal cases pending for years because an accused cannot be arrested.<\/li>\n
          2. Public interest:<\/strong> It seeks to ensure that deliberate evasion of the law does not defeat the administration of justice or delay the conclusion of serious criminal trials.<\/li>\n
          3. Balance through safeguards:<\/strong> The law includes safeguards such as judicial approval, waiting periods, public notice, legal aid and audiovisual recording to reduce the risk of unfair trials.<\/li>\n
          4. Fair trial concerns<\/strong>: The absence of the accused during stages such as cross-examination and sentencing may limit the ability to challenge evidence and raise questions about the fairness of the trial..<\/li>\n
          5. International standards:<\/strong> Article 14(3)(d) of the International Covenant on Civil and Political Rights (ICCPR) <\/strong>recognises the accused’s right to be tried in their presence. Limited exceptions are accepted only with strong procedural safeguards.<\/li>\n
          6. Possibility of misuse:<\/strong> Concerns remain that broad use of the provision may weaken fair trial rights if sufficient efforts are not made to secure the accused’s presence or if its scope expands beyond exceptional cases.<\/li>\n<\/ol>\n

            Conclusion<\/strong><\/p>\n

            Trial in absentia under the BNSS<\/strong> is a significant criminal justice reform that enables courts to conclude cases involving proclaimed offenders accused of grave offences who deliberately evade trial. However, it should remain an exceptional measure and be used only with strict compliance with the prescribed safeguards. This is essential to protect speedy justice, public interest and the fundamental right to a fair<\/strong>.<\/p>\n

            Question for practice:<\/strong><\/p>\n

            Examine the concept of trial in absentia under the Bharatiya Nagarik Suraksha Sanhita (BNSS), highlighting its legal framework, procedural safeguards, significance, and concerns.<\/p>\n

            Sources<\/strong>: The Hindu<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

            UPSC Syllabus: Gs Paper 2- Judiciary Introduction A trial in absentia is a criminal trial conducted without the physical presence of the accused. Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) introduces this provision for proclaimed offenders who deliberately evade trial and cannot be arrested soon. The law seeks to prevent serious criminal cases… Continue reading What is \u2018Trial in Absentia\u2019?<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230],"tags":[212,255,10498],"class_list":["post-367508","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","tag-gs-paper-2","tag-judiciary","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/367508","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=367508"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/367508\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=367508"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=367508"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=367508"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}