Introduction to Section 355 BNSS
Section 355 BNSS is a provision that allows the court to hold inquiries or trials in the absence of the accused under special circumstances. If the court believes the presence of the accused is not necessary for justice or the accused is disturbing proceedings, it may continue without them. This helps avoid unnecessary delays and maintains order in the courtroom. It also allows for modern attendance methods like video conferencing.
What is BNSS Section 355 ?
BNSS Section 355 allows courts to hold trials or inquiries without the personal attendance of the accused in certain situations. If the accused is disturbing the court or their presence is not required for justice, the judge may allow proceedings in their absence. This can only be done if the accused is represented by a lawyer. It also allows attendance through video conferencing under modern procedures.
BNSS Section of 355 in Simple Points
1. Trial in Absence of Accused
BNSS Section 355 empowers the court to conduct a trial even when the accused is not physically present. This applies when the court records reasons showing that the accused’s presence is not necessary for justice. The section also helps avoid unnecessary delays caused by repeated absences or disruptive behavior. However, it ensures that such decisions are not taken lightly. The court must explain its reasoning in writing. This ensures transparency and fairness. It is especially useful in cases involving hostile or frequently absent accused persons.
2. Representation by Advocate is Mandatory
The section allows absence only if the accused has a lawyer present in court. Legal representation is essential to protect the rights of the accused. This ensures that the defense is heard even in the absence of the accused. The lawyer can continue the arguments, cross-examinations, and provide legal advice. This condition balances the efficiency of the trial with the right to a fair hearing. It ensures that proceedings remain lawful and just. The absence of legal representation could otherwise lead to unfair outcomes.
3. Grounds for Dispensing with Presence
The Judge or Magistrate must have strong reasons to proceed without the accused. Common grounds include: if the accused is disrupting proceedings, refuses to cooperate, or is involved via electronic means. The judge must record these reasons clearly. This helps prevent misuse of this provision. It allows the justice system to function smoothly in difficult situations. It also protects other parties in the courtroom from delays or unsafe conditions. Every step must follow proper legal protocol.
4. Use of Video Conferencing Allowed
BNSS 355 recognizes digital presence through audio-video electronic means. This is helpful when the accused cannot attend in person due to health, distance, or security concerns. Courts may permit the accused to attend via video call. This modern approach promotes digital justice and supports the “e-courts” initiative in India. It reduces logistic issues for under-trial prisoners or those in custody far from the court. It also helps in maintaining court decorum and efficiency during sensitive proceedings.
5. Power to Re-summon the Accused
Even if the court proceeds without the accused, it retains the right to direct the accused to appear later. At any point in the proceedings, if the presence of the accused becomes necessary, the court can order their attendance. This provision ensures flexibility in court decisions. It also guarantees that the trial is conducted with accountability. If needed, the accused must come and participate directly. This maintains a fair trial system where the interests of all parties are protected.
355 BNSS Overview
BNSS 355 empowers the court to dispense with the personal attendance of the accused if justified, especially when an advocate represents the accused. The Judge or Magistrate must record proper reasons for this decision. If the accused does not have legal representation, the court may adjourn the trial or try the person separately. The section also recognizes attendance via audio-video means. This helps balance justice, fairness, and procedural efficiency.
BNSS Section 355 – Explained in 10 Key Points
1. Purpose and Scope of Section 355
BNSS Section 355 empowers the court to conduct inquiries or trials in the absence of the accused under specific circumstances. This applies when the Judge or Magistrate is satisfied that the accused’s personal presence is not required or when the accused is disrupting court proceedings. It ensures that trials do not get unnecessarily delayed. The court must record the reasons in writing for such a decision. This provision is especially useful in high-risk or non-cooperative cases. It protects the efficiency of the judiciary. However, legal representation is crucial to apply this provision fairly.
2. Importance of Legal Representation
The presence of a defense advocate is a key requirement if the trial is to proceed without the accused. If the accused is represented by an advocate, the court can carry on with the proceedings even if the accused is absent. This safeguard ensures that the rights of the accused are protected through their lawyer. The advocate can question witnesses, present evidence, and make legal arguments. This helps maintain the balance between justice and due process. The court is expected to use this power cautiously and responsibly.
3. Absence Without Representation
If the accused does not have a lawyer, the court has limited power to proceed in their absence. In such cases, the Judge or Magistrate may either adjourn the case or order the trial to be held separately for that person. This protects the principle of natural justice and ensures that no person is convicted without a proper chance to defend themselves. The court must also record reasons for any decision made in this regard. This clause avoids misuse of power and protects the rights of the accused when they are unrepresented.
4. Definition of Attendance
The law expands the meaning of “attendance” to include audio-video electronic means. This modern approach allows an accused to appear in court via video conferencing or other digital methods. It is especially helpful in cases involving remote locations, security concerns, or health issues. This provision supports digital transformation in the justice system. It helps courts reduce delays caused by physical absence and facilitates quicker hearings. This is a step forward in making the legal system more efficient and technology-friendly.
5. Safeguards and Accountability
Section 355 includes several safeguards to prevent misuse. Judges and Magistrates must record clear reasons before deciding to proceed without the accused. They must also monitor the trial to check if the accused’s personal presence becomes necessary later. If needed, the court can summon the accused again. These steps ensure transparency and fairness. It prevents the court from using this power arbitrarily. It protects both the public interest in speedy trials and the individual rights of the accused.
6. Handling Disruptive Behavior
Sometimes, an accused may intentionally disrupt court proceedings to delay the trial. In such cases, Section 355 becomes crucial. If the court is convinced that the accused is disturbing the judicial process, it can remove them and continue the trial in their absence. This ensures that justice is not delayed due to unruly behavior. However, the presence of an advocate is essential. This provision ensures that no one can misuse their position as an accused to obstruct justice. It reinforces the court’s authority.
7. Judicial Discretion and Limitations
The power granted under Section 355 is not automatic. It is based on judicial discretion and requires a case-by-case assessment. Courts must evaluate whether the absence truly does not impact the fairness of the trial. Judges must act judiciously, recording reasons to prevent future legal complications or appeals. The provision gives courts flexibility, but it also imposes a duty of careful judgment. It reflects the principle that justice must be done, but also seen to be done in a fair and unbiased manner.
8. Efficiency in Legal Proceedings
By allowing trials to continue in the absence of the accused, Section 355 improves judicial efficiency. It reduces delays caused by repeated absences or disruption. It ensures that justice is served without being stalled by unnecessary procedural hurdles. Especially in serious cases or high-profile trials, this provision supports timely justice. It ensures that victims, witnesses, and society at large are not denied justice due to the misconduct of a single person. It is a valuable tool in ensuring the court’s time is not wasted.
9. Technology and Modern Justice
The explanation provided in the section clearly shows that video conferencing is legally recognized as a form of attendance. This reflects the evolving nature of the justice system in the digital age. Courts are increasingly adopting digital platforms for hearings, especially after the COVID-19 pandemic. Section 355 aligns with this trend by giving courts the flexibility to adapt to modern tools without compromising on justice. It reflects the government’s effort to make the justice system more accessible and progressive.
10. Rights of the Accused Remain Protected
Despite allowing trials in the absence of the accused, Section 355 does not compromise their legal rights. The presence of an advocate, proper reasoning by the court, and technological attendance options ensure that justice is fair. At any stage, the court can recall the accused if their presence is deemed essential. This section ensures that the accused is not punished or judged unfairly just because they are not physically present. It is a smart balance between efficiency and fairness in legal procedures.
Example 1:
In a theft case, the accused kept shouting in the courtroom and disturbing the process. The Magistrate, after recording the reason and noting that the advocate was present, allowed the trial to continue without the accused being physically present.
Example 2:
In a cybercrime case, the accused lived abroad and attended proceedings via video conferencing. Since his physical presence wasn’t essential and he had a lawyer, the trial continued smoothly under Section 355.
BNSS Section 355 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 355 |
| Trial Without Accused | Court may proceed without the accused if valid reasons are recorded in writing. |
| Representation Required | Trial in absence allowed only if the accused has a lawyer present in court. |
| Grounds for Absence | Applicable when the accused disrupts proceedings or is unable to attend physically. |
| Video Appearance Allowed | Attendance through audio-video electronic means is legally recognized. |
| Court’s Power to Recall | Court may later order the accused to appear if presence becomes necessary. |
Why Is BNSS 355 Needed?
BNSS Section 355 is necessary to ensure justice is not delayed or obstructed due to the absence or misconduct of an accused person. In many cases, trials are delayed for years because the accused avoids appearing in court or behaves disruptively during proceedings. This section helps courts continue working efficiently without compromising on legal rights. It also supports modern judicial reforms by accepting video-based attendance. By allowing representation through advocates and using discretion wisely, it balances justice, efficiency, and fairness. This is especially useful in complex cases, cross-border crimes, and situations where physical attendance poses challenges.
BNSS Section 355 FAQs
BNSS 355
Conclusion
BNSS Section 355 allows the court to continue a trial even when the accused is not physically present, provided a lawyer represents them and valid reasons are recorded. It prevents delays, supports video-based appearance, and helps maintain courtroom discipline while still protecting the accused’s rights.
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