Trial in absentia: section 356 of the BNSS, 2023
Why in news: On 19 October 2026, Delhi's Lieutenant Governor, reviewing the Directorate of Prosecution, sought the use of trial in absentia in eligible cases.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 directs a court to try and judge an absconding proclaimed offender as if he were present, once 90 days have passed since charges were framed and notice steps are complete. A State-paid advocate defends him if unrepresented. Delhi's Lieutenant Governor urged its use in eligible cases on 19 October 2026.
Syllabus: Prelims · Polity & Governance; GS2 · Executive & Judiciary; GS2 · Governance & e-Governance
Why this matters for UPSC
GS2 judiciary: Prelims can ask who is a proclaimed offender under section 84, the conditions for trial in absentia under section 356 of the BNSS and the section 346 adjournment rule; Mains, how speedy trial under Article 21 squares with a fair trial.
In short
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 directs a court to try and judge an absconding proclaimed offender in his absence, weighing speedy justice against a fair trial.
Section 356 can end the absconder's veto over justice, but only scrupulous notice, capable State counsel and staffed prosecution offices will keep its verdicts fair.
Why it matters
A family that reports a murder can wait years for a verdict if the accused gets bail and then vanishes; without section 356, the case could simply wait for his arrest. Now the court can finish it, so witnesses testify while they can still be found and their memories hold. The accused faces the other side of the bargain: he may be convicted without telling his story in person, and can appeal only by appearing before the appeal court. Whether this works depends on ordinary capacity: prosecutors free to press cases, police who serve notices properly and courts with rooms to sit in. The larger question is whether faster justice can also stay fair.
Prelims pointers
- Section 84, BNSS: a proclamation gives an absconder at least 30 days to appear; it is read publicly and affixed at his home and the court-house.
- Section 356(6), BNSS: once a trial in absentia has begun, the accused's voluntary absence does not stop it or the judgment, even if he reappears at its end.
- Section 356(8), BNSS: the State may, by notification, extend trial in absentia to any absconder under section 84(1), beyond declared proclaimed offenders.
- Section 355, BNSS: a separate power to proceed without an accused who is represented by an advocate, where his attendance is unnecessary or he persistently disturbs proceedings.
- Section 346, BNSS: at a party's request, an adjournment needs circumstances beyond its control, and even then not more than two; an advocate busy elsewhere is no ground.
- Section 187, BNSS: total custody during investigation is capped at 90 days for offences punishable with death, life or ten years or more, and 60 days for others.
- Section 193, BNSS: investigation of listed rape and Protection of Children from Sexual Offences Act, 2012 offences ends within two months; victims hear of progress within 90 days.
- Section 20, BNSS: a Deputy Director of Prosecution scrutinises police reports and monitors offences punishable with seven years or more but under ten; an Assistant Director, below seven.
Practise a UPSC-style question
With reference to trial in absentia under section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, consider the following statements:
1. It applies to a proclaimed offender who has absconded to evade trial and has no immediate prospect of being arrested.
2. The court may begin such a trial once 30 days have passed from the date on which the charge was framed.
3. A proclaimed offender who has no advocate must be given one for his defence at the expense of the State.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Show the answer
Answer: (c) 1 and 3 only
Answer: (c) 1 and 3 only. The wait after the charge is framed is 90 days, not 30.
Statement 1: correct. Section 356(1) covers a proclaimed offender who has absconded to evade trial with no immediate prospect of arrest.
Statement 2: incorrect. The proviso to section 356(1) bars the trial until 90 days have passed from the framing of the charge.
Statement 3: correct. Section 356(3) gives an unrepresented proclaimed offender an advocate for his defence at the State's expense.
Eliminate: Judge statement 2 first: the wait is 90 days from the charge, so statement 2 is incorrect. Out: (a), (b), (d).
Trap: Near-miss figure. Thirty days is a real figure in section 356, the newspaper notice period, moved into the slot of the 90-day wait.
Remember: Section 356: proclaimed offender, 90 days after the charge, two warrants 30 days apart, State-paid advocate.
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