Section 356 BNSS: Inquiry, trial or judgment in absentia of proclaimed offender

Section 356 BNSS Bare Act Text

(1) Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment:

Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge.

(2) The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely:—

(i) issuance of two consecutive warrants of arrest within the interval of at least thirty days;

(ii) publish in a national or local daily newspaper circulating in the place of his last known address of residence, requiring the proclaimed offender to appear before the Court for trial and informing him that in case he fails to appear within thirty days from the date of such publication, the trial shall commence in his absence;

(iii) inform his relative or friend, if any, about the commencement of the trial; and

(iv) affix information about the commencement of the trial on some conspicuous part of the house or homestead in which such person ordinarily resides and display in the police station of the district of his last known address of residence.

(3) Where the proclaimed offender is not represented by any advocate, he shall be provided with an advocate for his defence at the expense of the State.

(4) Where the Court, competent to try the case or commit for trial, has examined any witnesses for prosecution and recorded their depositions, such depositions shall be given in evidence against such proclaimed offender on the inquiry into, or in trial for, the offence with which he is charged:

Provided that if the proclaimed offender is arrested and produced or appears before the Court during such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have been taken in his absence.

(5) Where a trial is related to a person under this section, the deposition and examination of the witness, may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such recording shall be kept in such manner as the Court may direct.

(6) In prosecution for offences under this Sanhita, voluntary absence of accused after the trial has commenced under sub-section (1) shall not prevent continuing the trial including the pronouncement of the judgment even if he is arrested and produced or appears at the conclusion of such trial.

(7) No appeal shall lie against the judgment under this section unless the proclaimed offender presents himself before the Court of appeal:

Provided that no appeal against conviction shall lie after the expiry of three years from the date of the judgment.

(8) The State may, by notification, extend the provisions of this section to any absconder mentioned in sub-section (1) of section 84.

Source: Section 356, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 356 BNSS in Simple Words

When Section 356 BNSS Applies

• When a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, the Court shall record reasons in writing and, in the interest of justice, conduct the trial and pronounce judgment as though he were present under Section 356(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
• Before starting the trial in absentia under Section 356(2) BNSS, the Court shall verify that two consecutive arrest warrants were issued at least thirty days apart, a notice was published in a national or local daily newspaper circulating in the place of his last known address, any relative or friend was informed, and notice was affixed on the house or homestead and displayed at the district police station.
• If the proclaimed offender does not have legal representation, Section 356(3) BNSS requires that he shall be given a defence advocate paid for by the State.
• Under Section 356(4) BNSS, prosecution witness depositions recorded by a Court competent to try or commit the case shall be used as evidence against the proclaimed offender in the inquiry or trial, though a proviso allows the Court, in the interest of justice, to let him examine such evidence if he appears or is arrested and produced during the trial.
• Under Section 356(5) and Section 356(6) BNSS, the Court may have witness examinations recorded as far as practicable by audio-video electronic means, preferably a mobile phone, and once the trial has begun under Section 356(1) BNSS, the voluntary absence of the accused shall not stop the trial or judgment even if he appears or is produced at its conclusion.
• Under Section 356(7) BNSS, no appeal shall lie against the judgment unless the proclaimed offender presents himself before the Court of appeal, subject to the proviso that no appeal against conviction shall lie after three years from the date of the judgment, while Section 356(8) BNSS allows the State by notification to extend Section 356 BNSS to any absconder mentioned in Section 84(1) BNSS.

Time Limits Under Section 356 BNSS

• A proviso to Section 356(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 limits the rule by barring the Court from starting the trial in absentia until ninety days have lapsed from the date of framing of the charge.Act text: “unless a period of ninety days has lapsed from the date of framing of the charge.”
• Before proceeding with the trial under Section 356(2)(i) BNSS, the Court shall ensure that two consecutive arrest warrants have been issued with a gap of at least thirty days between them.Act text: “issuance of two consecutive warrants of arrest within the interval of at least thirty days”
• Under Section 356(2)(ii) BNSS, the published daily newspaper notice must inform the proclaimed offender that the trial shall start in his absence if he does not appear before the Court within thirty days from the publication date.Act text: “in case he fails to appear within thirty days from the date of such publication”
• A proviso to Section 356(7) BNSS limits the right to appeal by barring any appeal against a conviction once three years have passed from the date of the judgment.Act text: “no appeal against conviction shall lie after the expiry of three years from the date of the judgment.”

Example of Section 356 BNSS

When Section 356 BNSS Does Not Apply

• Trial in absentia under Section 356(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 cannot proceed when the accused has not been declared a proclaimed offender, has not absconded to evade trial, or when there is an immediate prospect of arresting him, unless the State has extended Section 356 BNSS by notification under Section 356(8) BNSS to an absconder mentioned in Section 84(1) BNSS.
• Under the proviso to Section 356(1) BNSS, the Court shall not start the trial in absentia if a period of ninety days has not yet lapsed from the date of framing of the charge.
• The Court cannot proceed under Section 356(1) BNSS if the mandatory pre-trial steps in Section 356(2) BNSS, namely two consecutive arrest warrants at an interval of at least thirty days, newspaper publication with a thirty day appearance period, notice to any relative or friend, and affixing and police station display of the notice, have not been completed.
• An appeal under Section 356(7) BNSS does not lie if the proclaimed offender does not present himself before the Court of appeal, and under its proviso no appeal against conviction lies once three years have expired from the date of the judgment.

No Corresponding CrPC Section

FAQs on Section 356 BNSS

Section 356 BNSS: Sub-sections Explained

Sections Related to Section 356 BNSS