CrPC 317→BNSS 355

CrPC 317 to BNSS 355: Provision for inquiries and trial being held in the absence of accused in certain cases

Section 317 CrPC (1973) replaced by Section 355 BNSS (2023)

View CrPC Section 317 →View BNSS Section 355 →

CrPC 317 to BNSS 355 at a Glance

Section 317 CrPC (Provision for inquiries and trial being held in the absence of accused in certain cases) is now Section 355 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 317 to BNSS 355?

From 1 July 2024, Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 317 of the Code of Criminal Procedure, 1973. The heading is the same. Section 355(1) BNSS reads under this Sanhita where Section 317(1) CrPC read under this Code, and Section 355(1) BNSS and Section 355(2) BNSS read an advocate where Section 317(1) CrPC and Section 317(2) CrPC read a pleader. Section 355 BNSS adds an Explanation, which says that personal attendance of the accused includes attendance through audio-video electronic means. Section 317 CrPC has no counterpart to it.

CrPC 317 vs BNSS 355: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section317355
HeadingProvision for inquiries and trial being held in the absence of accused in certain casesProvision for inquiries and trial being held in absence of accused in certain cases
Sub-sections2 sub-sectionsSame

CrPC 317 and BNSS 355: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 317, CrPC 1973

317. Provision for inquiries and trial being held in the absence of accused in certain cases.—(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. (2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
BNSS 2023 (in force)

Section 355, BNSS 2023

355. Provision for inquiries and trial being held in absence of accused in certain cases.—(1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. (2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. Explanation.—For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means.

When It Applies: CrPC 317 vs BNSS 355

Under CrPC 317
  1. Section 317(1) CrPC applies at any stage of an inquiry or trial under the Code, when the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court.
  2. Under Section 317(1) CrPC, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence.
  3. Under Section 317(1) CrPC, the Judge or Magistrate may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
  4. Section 317(2) CrPC applies if the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary. He may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
Under BNSS 355
  1. Section 355(1) BNSS applies at any stage of an inquiry or trial under the Sanhita, when the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court.
  2. Under Section 355(1) BNSS, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence.
  3. Under Section 355(1) BNSS, the Judge or Magistrate may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
  4. Section 355(2) BNSS applies if the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary. He may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
  5. The Explanation to Section 355 BNSS says that personal attendance of the accused includes attendance through audio-video electronic means.

What CrPC 317 to BNSS 355 Means in Practice

From 1 July 2024, the provision in Section 317 CrPC is found in Section 355 BNSS. Section 355 BNSS includes an Explanation that personal attendance of the accused includes attendance through audio-video electronic means, and Section 317 CrPC has no such Explanation.

FAQs: CrPC 317 to BNSS 355

Does Section 355 BNSS add anything that Section 317 CrPC did not contain?▼

Yes. Section 355 BNSS adds an Explanation, which says that personal attendance of the accused includes attendance through audio-video electronic means. Section 317 CrPC has no counterpart to it.

Is the word pleader in Section 317 CrPC replaced in Section 355 BNSS?▼

Section 355(1) BNSS and Section 355(2) BNSS read an advocate where Section 317(1) CrPC and Section 317(2) CrPC read a pleader.

Which sub-section of Section 355 BNSS replaced Section 317(2) CrPC?▼

Section 355(2) BNSS replaced Section 317(2) CrPC, and Section 355(1) BNSS replaced Section 317(1) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·