Consider the following statements regarding the provision for trial in absentia under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 -
- Under Section 356 of the BNSS, a full-fledged trial can be conducted in the absence of the accused only after recording reasons in writing, provided the accused is a proclaimed offender and there is no immediate prospect of arrest.
- Unlike the BNSS, the provisions under the erstwhile Code of Criminal Procedure (CrPC), 1973, such as Section 299, allowed for the recording of evidence in the accused's absence, but did not permit a complete trial in absentia.
- The provision for trial in absentia under the BNSS is applicable only in cases where the accused has voluntarily waived their right to be present and has not disrupted court proceedings.
Select the correct codes from below
Explanation - A trial in absentia refers to a criminal trial conducted in the absence of the accused. Under Section 356 of the BNSS, if a person declared a proclaimed offender has absconded to evade trial and there is no immediate prospect of arrest, the court may treat the accused's absence as a waiver of their right to be present. After recording reasons in writing, the court can proceed with the inquiry, trial, and pronouncement of judgment as though the accused were present. Comparison with the Earlier CrPC Framework — Under the Code of Criminal Procedure, 1973 (CrPC), which BNSS has replaced: Section 82(4) CrPC allowed proclamation and attachment of property of an absconding accused. Section 317 CrPC allowed trial in the accused's absence only in specific cases. Section 299 CrPC allowed recording of evidence in the accused's absence if there was no prospect of arrest. These provisions gave presiding officers discretion to proceed in-absentia only if the accused's personal attendance was not necessary for justice, or if the accused persistently disrupted proceedings. Crucially, none of these provisions allowed a full-fledged trial in absentia, causing many trials to remain pending for years until the accused was apprehended. BNSS's Section 356 addresses this gap by enabling complete trials, not just partial proceedings, in the accused's absence.
Explanation - A trial in absentia refers to a criminal trial conducted in the absence of the accused. Under Section 356 of the BNSS, if a person declared a proclaimed offender has absconded to evade trial and there is no immediate prospect of arrest, the court may treat the accused's absence as a waiver of their right to be present. After recording reasons in writing, the court can proceed with the inquiry, trial, and pronouncement of judgment as though the accused were present. Comparison with the Earlier CrPC Framework — Under the Code of Criminal Procedure, 1973 (CrPC), which BNSS has replaced: Section 82(4) CrPC allowed proclamation and attachment of property of an absconding accused. Section 317 CrPC allowed trial in the accused's absence only in specific cases. Section 299 CrPC allowed recording of evidence in the accused's absence if there was no prospect of arrest. These provisions gave presiding officers discretion to proceed in-absentia only if the accused's personal attendance was not necessary for justice, or if the accused persistently disrupted proceedings. Crucially, none of these provisions allowed a full-fledged trial in absentia, causing many trials to remain pending for years until the accused was apprehended. BNSS's Section 356 addresses this gap by enabling complete trials, not just partial proceedings, in the accused's absence.