Trial in Absentia [S.356 of BNSS, 2023]

Khushi Gupta

Abstract: This article examines the concept of trial in absentia introduced under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It analyses the rationale behind the provision, particularly its objective of preventing unnecessary delays caused by absconding accused persons while ensuring effective criminal justice administration. The study examines Indian judicial precedents, the legislative framework, and comparative legal approaches adopted in England, South Africa, the United States, and Canada. It also evaluates international legal standards relating to fair trial rights and due process. The article discusses both the advantages and potential constitutional concerns associated with conducting criminal trials in the absence of an accused. It concludes that the provision can promote speedy justice when applied with adequate procedural safeguards to preserve the rights of the accused while protecting victims and the public interest.

Keywords: Trial in Absentia, BNSS 2023, Criminal Procedure, Speedy Trial, Fair Trial, Proclaimed Offender, Criminal Justice, Due Process

How to Cite?: Khushi Gupta, "Trial in Absentia [S.356 of BNSS, 2023]", Volume 15 Issue 8, August 2026, International Journal of Science and Research (IJSR), Pages: 299-301, https://www.ijsr.net/getabstract.php?paperid=SR26801174041, DOI: https://dx.doi.org/10.21275/SR26801174041

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