🔍 Section 356 BNSS, 2023 – Trial in Absentia of Proclaimed Offenders: A New Era in Criminal Justice
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has brought significant reforms to India's criminal procedure law, replacing the old Code of Criminal Procedure (CrPC), 1973. One of the most transformative additions is Section 356, which deals with the trial of proclaimed offenders in absentia — a much-needed response to long-standing delays caused by absconding accused persons.
✅ What Does Section 356 Say?
Section 356 BNSS, 2023 allows a court to conduct a trial and pronounce judgment in the absence of an accused person who has been declared a proclaimed offender and has deliberately avoided arrest or trial. This ensures that justice is not paralyzed by an accused person's decision to run from the law.
🛑 Conditions Before Trial in Absence
Before proceeding, the court must fulfill the following requirements:
- Two warrants of arrest must be issued against the accused with a gap of at least 30 days.
- A public notice must be published in a national or local newspaper where the accused last resided.
- The notice must call upon the accused to appear within 30 days, failing which trial will proceed in his absence.
- A relative or friend of the accused should be informed, if traceable.
- Notices must also be affixed at:
- The accused’s last known residence, and
- The local police station concerned.
After all these steps and a minimum of 90 days from framing of charge, the trial can begin.
👨⚖️ Legal Representation & Fair Trial
Even though the accused is absent, the law ensures a fair trial by mandating that an advocate be appointed at the State’s expense to defend the proclaimed offender.
Also, the witness depositions can be recorded and later used as evidence if the accused appears at a later stage.
📹 Use of Technology
To enhance transparency, courts may also record witness testimonies via audio-video means, such as mobile video recordings, wherever practical.
⚖️ What Happens to Appeals?
Section 356 sets clear limits:
- No appeal can be filed by the absconding accused unless he surrenders before the appellate court.
- Even after surrender, no appeal will be entertained beyond 3 years from the date of judgment.
- 📄 Sample Format for Newspaper Publication
Here is a sample of how such a notice may be published in a newspaper:
In the matter of: State vs [Accused Name]
Take notice that [Accused Name], who has been declared a proclaimed offender in the above case, is required to appear before this Court within 30 days from the date of publication of this notice. Failing which, trial shall proceed in his absence under Section 356 of BNSS, 2023, and judgment shall be passed accordingly.
📌 Why This Matters
This provision sends a strong message: Absconding from justice will not stall the legal system anymore. Victims deserve timely redress, and the system cannot be held hostage by individuals who choose to evade trial.
🔚 Conclusion
Section 356 BNSS, 2023 is a progressive step in Indian criminal procedure. It balances the need for efficiency in trials with the principles of fair representation. By tightening the process around proclaimed offenders, it ensures that justice is delivered without unnecessary delay — a win for both victims and the judiciary.