Introduction to Section 356 BNSS
Section 356 BNSS allows courts to continue legal trials even if the accused has been declared a proclaimed offender and cannot be found or arrested. This provision ensures that criminals who escape the law cannot stop the justice process. It gives power to the court to conduct the trial in the absence of the accused, following specific conditions and procedures.
What is BNSS Section 356 ?
BNSS Section 356 allows a court to hold a trial in the absence of the accused if they have been declared a proclaimed offender. If the person has run away to avoid trial, and there’s no hope of arrest, the court can continue the case. It ensures that justice is not delayed because the accused is hiding. This helps in preventing misuse of the legal system by absconders.
BNSS Section of 356 in Simple Points
1. Trial Can Happen Without the Accused
Section 356 gives power to courts to start and complete a trial even if the accused is not present. This applies only when the accused has been officially declared a proclaimed offender and has absconded to avoid justice. It ensures that absconding doesn’t stop legal proceedings. The accused loses the right to be tried in person. The judge must explain the reasons in writing. This rule prevents criminals from misusing delays.
2. Mandatory 90-Day Waiting Period
The court cannot begin the trial immediately after the accused disappears. BNSS 356 requires a 90-day gap after framing of charges before trial begins. During this period, the court must try to trace the accused and issue multiple legal notices. This waiting time ensures fairness and gives the accused a final chance to appear. It also reflects due process in the justice system.
3. Public Notices and Legal Steps
Before the trial begins under this section, the court must follow a proper process. This includes issuing two arrest warrants, publishing notices in newspapers, informing the accused’s relatives or friends, and posting notice at the last known address. These steps make sure the accused is aware of the trial. It ensures the process is transparent and fair.
4. Right to Legal Aid is Protected
Even if the accused is not present, justice must still be fair. BNSS 356 states that if the absconder has no lawyer, the court must appoint one at the cost of the State. This protects the constitutional right to a fair trial. It also ensures that the accused’s side of the case is represented properly. Justice should never be one-sided, even in absence.
5. Use of Technology and Limits on Appeals
Witness statements during such trials can be recorded using video or mobile phone for better documentation. If the accused appears later, they may be allowed to cross-examine the witnesses. But they cannot appeal the judgment unless they appear in the appeal court. Also, the appeal must be filed within 3 years. These rules maintain the balance between fairness and timely justice.
356 BNSS Overview
The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 356 empowers the court to proceed with inquiry, trial, or judgment when a person declared a proclaimed offender has absconded to avoid trial. It introduces a structured legal process to protect justice even when the accused is not available. The section also includes safeguards like public notices, family notifications, and legal representation.
BNSS Section 356 – 10 Key Points Explained
1. Trial in Absence of Proclaimed Offender
BNSS Section 356 allows the court to conduct a trial even if the accused, declared a proclaimed offender, is not present. This provision is used when the person has absconded to avoid trial, and there is no chance of arrest soon. In such cases, the court can legally treat their absence as a waiver of their right to be present. However, the court must record valid reasons in writing before proceeding. This ensures justice moves forward. It prevents delays caused by habitual absconders.
2. 90-Day Waiting Period Before Trial Starts
The law ensures that the trial doesn’t begin hastily. The court must wait 90 days from the framing of the charge before beginning the trial in absentia. This gap gives the accused adequate opportunity to appear and participate in their defense. It also provides time to serve legal notices, publish news alerts, and inform family or friends. This cooling-off period protects fair trial rights, even when the accused is absconding. The timeline ensures transparency and lawful procedure.
3. Mandatory Procedures Before Trial
Before proceeding with the trial, the court must follow four essential steps. These include (1) two arrest warrants at least 30 days apart, (2) newspaper publication asking the accused to appear within 30 days, (3) informing family/friends, and (4) posting trial info at the residence and police station. These steps ensure the accused is given multiple chances to come forward. This makes the trial in absentia legally strong and fair. Without these steps, the trial cannot proceed.
4. Right to Legal Aid for Absentee Accused
Even if the proclaimed offender does not appoint a lawyer, the court will assign a State-funded advocate for their defense. This is a vital human rights safeguard. It ensures the accused’s side is still heard, even if they are absent. The state bears the expense to uphold the principle of a fair and balanced trial. This provision highlights the judiciary’s neutral and just approach even toward absconders. No one should be judged without legal defense.
5. Use of Evidence Recorded in Absence
BNSS 356 allows the court to use previously recorded witness statements and depositions even if they were made in the absence of the accused. This ensures that witness testimonies are not lost and the trial remains valid. If the absconder is later arrested and brought to court, he may be allowed to cross-examine the witnesses whose statements were earlier recorded. This maintains procedural fairness and avoids the need to restart long proceedings.
6. Video Recording of Witness Testimony
To ensure transparency, witness statements during these trials may be recorded through audio-video means, like a mobile phone. These recordings help create a clear and tamper-proof record of what was said in court. The court can instruct on how these recordings should be stored. This promotes technological advancement and strengthens digital infrastructure in Indian courts. It also ensures evidence remains intact and reliable for future appeals or hearings.
7. Continued Trial Despite Arrest During Trial
If the absconding accused appears or is arrested while the trial is ongoing, the court does not stop the trial. It will continue and even pronounce judgment if the trial is complete. This clause avoids trial disruption and ensures that the process is not misused by those trying to delay justice. However, the court can permit the accused to examine previous witnesses in the interest of justice. The aim is to balance fairness and efficiency.
8. Limited Appeal Rights for Proclaimed Offender
The proclaimed offender cannot file an appeal against the judgment unless they appear personally before the appellate court. This discourages people from staying hidden and challenging verdicts from a distance. If they don’t appear within three years of the judgment, the right to appeal expires completely. This strict provision ensures that absconders cannot manipulate the legal process for years. It adds seriousness and urgency to the appeal process.
9. Extension of Provisions to Section 84 Absconders
The government has the power to extend Section 356 to absconders under Section 84 through a notification. This means even people hiding from investigation, not just trial, may face trial in absentia if notified. It adds strength to the law by covering a wider category of habitual offenders. This ensures the criminal justice system stays proactive against evasion. The power is conditional and regulated, ensuring it’s not misused.
10. Protection of Justice Over Presence
The central aim of BNSS Section 356 is to protect the justice process, even when the accused tries to escape it. The law recognizes that justice delayed is justice denied. This section provides a structured and lawful way to proceed even without the accused’s physical presence. It balances individual rights with public interest. Through written reasons, legal safeguards, and fair opportunities, it ensures that absconders don’t escape justice.
Example 1:
Rajesh is charged in a cybercrime case. He runs away and avoids court summons. After 90 days and multiple attempts, the court declares him a proclaimed offender. The trial proceeds in his absence under BNSS 356, with proper legal procedures and a state lawyer appointed.
Example 2:
Pooja commits a financial fraud and disappears after charges are framed. The court posts public notices, informs her relatives, and completes all formalities. The trial starts without her. Under BNSS 356, her witness statements are recorded via video, and a verdict is delivered.
BNSS Section 356 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 356 |
| Trial in Absence | Court can try a proclaimed offender in their absence when they abscond to avoid trial. |
| 90-Day Waiting Rule | Trial in absentia can begin only after 90 days from framing of charge. |
| Mandatory Preconditions | Two warrants, newspaper notice, family intimation, and home/police-station notice required. |
| Legal Aid | State must appoint a lawyer if accused has no advocate. |
| Use of Evidence | Witness statements can be recorded and used even if accused is absent. |
| Video Recording | Court may record witness testimony using audio-video/mobile devices. |
| Arrest During Trial | Trial continues even if the accused is later arrested or appears. |
| Appeal Limits | Absconders cannot appeal unless they appear; appeal lapses after 3 years. |
| Extension Power | Govt may extend Section 356 to absconders under Section 84. |
Why BNSS 356 Is Needed ?
BNSS Section 356 is important because it prevents the criminal justice system from being blocked by absconding accused persons. Earlier, cases remained pending for years when the accused ran away or avoided appearing in court. This was unfair to victims, witnesses, and the public. BNSS 356 allows courts to continue trials in their absence, but only after strict steps are taken to locate them. It ensures that justice is not denied due to delay, while still protecting the legal rights of the accused by offering a lawyer and proper procedure. It’s a fair balance between speed and justice.
BNSS Section 356 FAQs
BNSS 356
Conclusion
BNSS Section 356 ensures that justice continues even when an accused person deliberately runs away. After giving proper notices and waiting 90 days, the court can start the trial in the person’s absence and appoint a state lawyer to protect their rights. This section prevents absconders from delaying justice and supports efficient, fair, and transparent trials.
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