Which section of the BNSS allows for trials in absentia of proclaimed offenders?
Explanation & Strategy
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Section 356 BNSS introduces a transformative provision that was absent in CrPC — the ability to try proclaimed offenders in absentia. Under the old CrPC, if an accused absconded, the trial was essentially stalled indefinitely, denying justice to victims. This reform ensures that deliberately absconding cannot be used as a strategy to indefinitely delay or defeat prosecution. The accused retains the right to appeal if they later surrender or are apprehended.
The text reads: Section 356 BNSS: Where a person has been proclaimed as an offender, the court may, in his absence, examine the witnesses and record evidence, and upon conviction, pass sentence.
New provision — CrPC had no equivalent mechanism for conducting full trials in the absence of proclaimed offenders.