“`html
Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 356
Code: Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2020 (Indian Penal Code)
Explanation:
This section deals with the trial of proclaimed offenders who have absconded to evade trial. It outlines a procedure for conducting trials in the absence of the accused, ensuring that their right to a fair trial is balanced against the need for efficient administration of justice.
Key Provisions:
- Waiver of Right to Be Present: When a proclaimed offender absconds, it is deemed a waiver of their right to be present and tried in person.
- Procedure Before Trial: The court must follow a specific procedure before proceeding with the trial in the absence of the accused, including:
- Issuing two consecutive warrants of arrest.
- Publishing a notice in a newspaper requiring the offender to appear.
- Informing the offender’s relatives or friends.
- Affixing information about the trial at the offender’s residence.
- Legal Representation: If the accused is not represented by an advocate, the state must provide one at its expense.
- Use of Previous Testimony: Depositions of witnesses recorded before the absconding of the accused can be used as evidence in the trial.
- Audio-Video Recording: Depositions and examination of witnesses should be recorded by audio-video means, preferably using a mobile phone.
- Continuing Trial Despite Absence: The trial can continue even if the accused is arrested or appears after the trial has begun.
- Appeals: The accused can appeal the judgment only if they appear before the appeals court. The time limit for appealing a conviction is three years from the date of the judgment.
- Extension to Other Offenders: The provisions of this section can be extended to absconders mentioned in Section 84(1) of the BNSS.
Illustration:
Imagine a person accused of robbery has been declared a proclaimed offender and has fled to avoid trial. The court, after following the prescribed procedure, can proceed with the trial in the accused’s absence. Evidence from witnesses who were examined before the accused absconded can be used. If the accused is later apprehended, they may be allowed to present additional evidence.
Common Questions and Answers:
- Q: Is the trial in the absence of the accused fair?
- A: The law aims to ensure fairness by requiring the court to follow a specific procedure and provide legal representation to the accused. The right to be present is considered waived by absconding, but the accused can still appeal the judgment if they appear before the appeals court.
- Q: What happens if the accused is never found?
- A: The trial can proceed in their absence, and a judgment can be pronounced. The judgment can be enforced against the accused if they are found at a later stage.
- Q: Can the accused be tried for the same offense again if they are found later?
- A: No, the principle of double jeopardy prevents a person from being tried for the same offense twice. However, the accused may face consequences for absconding, such as additional charges or a longer sentence.
“`
