BNSS Section 356

Section 356 of BNSS deals with “Inquiry, Trial, or Judgment in Absence (in Absentia) of a Proclaimed Offender.”
This means if a person is declared a proclaimed offender, evades arrest, and cannot be found, the court may — under this section — proceed with their inquiry, trial, or judgment without their physical presence.

Key Provisions

1️. Who it applies to

• A proclaimed offender — i.e., someone whom the court has officially declared as such because they are evading arrest after charges are framed.

2️. Purpose

• Prevents defendants from delaying justice by escaping trial.
• Allows courts to continue legal proceedings without waiting indefinitely for arrest.

3️. Conditions before trial in absentia

Before proceeding, certain safeguards must be followed:
✔️ Court issues two arrest warrants at least 30 days apart.
✔️ Court gives public notice (e.g., newspaper) and informs relatives/friends.
✔️ 90 days’ gap after framing of charges must pass before trial starts.
✔️ Court records reasons in writing why it is proceeding without the accused.

4️. Right to legal representation

• Even if the accused is absent, the court ensures they are represented by a defense lawyer (appointed by the State if needed).

5️. Appeal restrictions

• No appeal is allowed against a judgment unless the proclaimed offender presents himself before the appellate court within the next three years.

Why BNSS 356 is Important

Under the old CrPC, courts could declare someone a proclaimed offender (CrPC Sections 82–83) but could not conduct a trial and pronounce judgment unless the person was present. BNSS Section 356 fills that gap and ensures justice isn’t stalled by absconders.

Example Scenarios

Example 1 – Absconding Murder Accused

A person accused of murder escapes after charges are framed.

• Police and court issue warrants and publish notices.
• After 90 days and compliance with safeguards, the court proceeds with trial in absence of the accused under BNSS 356.
• Charges are framed and evidence recorded even though the accused isn’t present.

This is a real-world scenario used first time by Delhi Police to prevent trial delay when the accused evaded arrest.

Practical Example — Step by Step

1. Charges Framed: Court frames charges against X for a serious offence.
2. Accused Evades: X disappears and stops responding to summons.
3. Arrest Warrants: Two warrants issued 30 days apart.
4. Public Notice: Notices published in local media and police station.
5. 90 Days Pass: Enough time is allowed before trial.
6. Trial in Absentia: Court proceeds with trial; records evidence.
7. Judgment: Court may convict or acquit;
8. Appeal: Only possible if X appears before appellate court within 3 years.

Safeguards & Rights

✔️ Court must record written reasons for proceeding without the accused.
✔️ Court must ensure accused’s right to legal counsel is protected.
✔️ Trial shouldn’t begin until procedural safeguards are met.

Summary – Section 356 BNSS

Important

This section is about trial in absentia — not punishment for a specific offence. It’s a procedure provision (BNSS), not a substantive offence like defamation