Proclaimed Offender-- Trial in Absentia --Extensive Guidelines for ‘Trial in Absentia’ under BNSS issued
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deliberate absconding by a proclaimed offender to evade trial constitutes a deemed waiver of the right to be present, enabling the court to proceed with trial and pronounce judgment in absentia. Before commencing trial in absentia, two consecutive warrants must be issued at a 30-day interval, notice must be published in a newspaper, relatives must be informed, and 90 days must elapse from the date of framing of charges. Sections 228 and 355 of the BNSS mandate personal attendance of the accused unless specifically exempted.
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