Section 355 BNSS: Provision for inquiries and trial being held in absence of accused in certain cases

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 355 BNSS at a Glance

Section 355 BNSS deals with provision for inquiries and trial being held in absence of accused in certain cases. It replaced Section 317 CrPC on 1 July 2024.

Was CrPC

Section 317 →

Section 355 BNSS Bare Act Text

(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.

Source: Section 355, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 355 BNSS in Simple Words

Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with inquiries and trials held in the absence of the accused in certain cases. At any stage of an inquiry or trial under the 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.

At any subsequent stage of the proceedings, the Judge or Magistrate may direct the personal attendance of such accused. If the accused is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, Section 355(2) BNSS says 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.

The Explanation says that personal attendance of the accused includes attendance through audio-video electronic means.

When Section 355 BNSS Applies

  • 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.
  • 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.
  • Under Section 355(1) BNSS, the Judge or Magistrate may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
  • 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.
  • The Explanation to Section 355 BNSS says that personal attendance of the accused includes attendance through audio-video electronic means.

Example of Section 355 BNSS

Anil is on trial before a Magistrate under the Sanhita and is represented by an advocate. The Magistrate is satisfied, for reasons to be recorded, that the personal attendance of Anil before the Court is not necessary in the interests of justice. The Magistrate dispenses with the attendance of Anil and proceeds with the trial in the absence of Anil. At a subsequent stage of the proceedings, the Magistrate may direct the personal attendance of Anil, which under the Explanation includes attendance through audio-video electronic means.

When Section 355 BNSS Does Not Apply

  • Section 355 BNSS speaks of the personal attendance of the accused before the Court. It does not deal with the attendance of a witness.

Section 355 BNSS in the CrPC (Previous Law)

Section 355 BNSS replaced Section 317 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 355 BNSS

When may a Judge or Magistrate proceed in the absence of the accused under Section 355 BNSS?▼

Under Section 355(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, at any stage of an inquiry or trial, 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.

What can the Judge or Magistrate do under Section 355(2) BNSS if the accused is not represented by an advocate?▼

Section 355(2) BNSS says that 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.

Does personal attendance of the accused include attendance by audio-video electronic means under Section 355 BNSS?▼

Yes. The Explanation to Section 355 BNSS says that personal attendance of the accused includes attendance through audio-video electronic means.

What changed from Section 317 CrPC to Section 355 BNSS from 1 July 2024?▼

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. 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.

Section 355 BNSS: Sub-sections Explained

Section 355(1) BNSS: Provision for inquiries and trial being held in the absence of accused in certain cases

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Bare Act Text

(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.

Previous Law

CrPC 317 → Section 355(1) BNSS

Section 355(2) BNSS: Provision for inquiries and trial being held in the absence of accused in certain cases

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Bare Act Text

(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.

Previous Law

CrPC 317(2) → Section 355(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·