Bharatiya Nagarik Suraksha Sanhita (BNSS) provides a framework to address situations where a person declared as a proclaimed offender absconds to evade trial. Section 356 of BNSS specifically deals with trial in absentia and outlines the procedures associated with this new provision under BNSS.
Key Provisions of Trial in Absentia under Section 356 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):
1. Operational Waiver of Right: When a person declared as a proclaimed offender absconds to evade trial and there is no immediate prospect of arresting them, Section 356 operates as a waiver of their right to be present and tried in person.
2. Commencement of Trial: The court, after recording reasons in writing in the interest of justice, proceeds with the trial in a manner as if the accused was present. However, the trial does not commence unless ninety days have lapsed from the date of framing the charge.
3. Procedural Safeguards: Before proceeding with trial in absentia, the court ensures compliance with specific procedures, including the issuance of two consecutive warrants of arrest, publication in a national or local newspaper, informing relatives or friends, and affixing information at the last known address.
4. Legal Representation: If the proclaimed offender is not represented by an advocate, the State provides an advocate for their defense at the expense of the State.
5. Use of Depositions: Depositions recorded in the absence of the proclaimed offender are admissible as evidence in the trial. If the accused is later arrested, the court may allow the examination of evidence taken in their absence.
6. Audio-Video Recording: To ensure transparency and authenticity, the court may record depositions and witness examinations through audio-video electronic means, preferably mobile phones.
7. Voluntary Absence: The voluntary absence of the accused after the trial has commenced does not prevent the continuation of the trial, including the pronouncement of judgment.
8. Limitation on Appeals: No appeal lies against the judgment under this section unless the proclaimed offender presents themselves before the Court of appeal. There is a limitation that no appeal against conviction shall lie after three years from the date of the judgment.
9. Extension to Other Cases: The State has the authority to extend the provisions of this section to any absconder mentioned in subsection (1) of section 84 of BNSS through a notification.
Benefits of Trial in Absentia:
- Judicial Efficiency: Trial in absentia ensures that legal proceedings can continue even when the accused is not physically present, preventing delays in the justice delivery system.
- Prevention of Abuse: It acts as a deterrent against accused deliberately evading trial, promoting accountability and discouraging the abuse of legal processes.
- Flexibility in Evidence: The provision allows for the admissibility of depositions recorded in the absence of the accused, ensuring that evidence is not lost or compromised due to delays.
In conclusion, trial in absentia under BNSS tries to strike a balance between ensuring justice is served and maintaining the efficiency of legal proceedings.
FAQs on Trial in Absentia under Bharatiya Nagarik Suraksha Sanhita (BNSS):
Q1: What is trial in absentia under BNSS?
A1: Trial in absentia under BNSS refers to legal proceedings conducted when a person declared as a proclaimed offender deliberately avoids trial by absconding. The court, under Section 356, can proceed with the trial even if the accused is not physically present.
Q2: When does Section 356 operate as a waiver of the accused's right to be present at trial?
A2: Section 356 operates as a waiver when a person declared as a proclaimed offender absconds to evade trial, and there is no immediate prospect of arresting them.
Q3: What safeguards are in place before proceeding with trial in absentia?
A3: Before commencing trial in absentia, the court ensures procedural safeguards, including the issuance of two consecutive warrants of arrest, public notification, informing relatives or friends, and affixing information at the last known address.
Q4: Is legal representation provided for the proclaimed offender if they are not represented by an advocate?
A4: Yes, if the proclaimed offender is not represented by an advocate, the State provides an advocate for their defense at the expense of the State.
Q5: Are depositions recorded in the absence of the proclaimed offender admissible as evidence?
A5: Yes, depositions recorded in the absence of the proclaimed offender are admissible as evidence in the trial. If the accused is later arrested, the court may allow the examination of evidence taken in their absence.
Q6: Can the court use audio-video recording for trial in absentia?
A6: Yes, the court may use audio-video electronic means, preferably mobile phones, to record depositions and witness examinations during trial in absentia.
Q7: Does the voluntary absence of the accused after trial commencement prevent the continuation of the trial?
A7: No, the voluntary absence of the accused after trial commencement does not prevent the continuation of the trial, including the pronouncement of judgment.
Q8: What is the limitation on appeals against the judgment under Section 356?
A8: No appeal lies against the judgment under Section 356 unless the proclaimed offender presents themselves before the Court of appeal. There is also a limitation that no appeal against conviction shall lie after three years from the date of the judgment.
Q9: Can the provisions of Section 356 be extended to other cases?
A9: Yes, the State has the authority to extend the provisions of Section 356 to any absconder mentioned in subsection (1) of section 84 of BNSS through a notification.
Trial in absentia under BNSS (Bharatiya Nagarik Suraksha Sanhita): Detailed overview
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