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Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 355
Code: 355
Explanation: This section deals with the circumstances under which the accused’s personal attendance in court can be dispensed with during an inquiry or trial under the BNSS. It outlines two main scenarios:
- Accused represented by an advocate: If the judge or magistrate believes that the accused’s personal attendance is not necessary for the sake of justice, or if the accused repeatedly disrupts court proceedings, the judge or magistrate can proceed with the inquiry or trial in the accused’s absence. This is only applicable when the accused has legal representation.
- Accused not represented by an advocate: If the accused is not represented by an advocate, or if the judge or magistrate deems their personal attendance necessary, they can either adjourn the inquiry or trial or order for the case to be taken up or tried separately.
Explanation: The section clarifies that “personal attendance” includes attendance through audio-video electronic means.
Illustration:
- A case where the accused is represented by an advocate and is repeatedly interrupting the court proceedings, the judge can order the accused to be excluded from the proceedings until their behavior changes.
- A case where the accused is not represented by an advocate and the judge believes their personal attendance is necessary, the judge may adjourn the proceedings or order for the case to be tried separately.
Common Questions & Answers:
- Q: Can the accused be absent from the trial if they have a medical condition?
A: While this section doesn’t explicitly mention medical conditions, the judge can consider such factors when determining if the accused’s attendance is necessary.
- Q: Is it mandatory to record the reasons for dispensing with the accused’s attendance?
A: Yes, the judge or magistrate must record the reasons for dispensing with the accused’s attendance.
- Q: Can the accused be forced to attend the trial through video conferencing?
A: The “personal attendance” definition includes attendance through video conferencing, meaning it can be a valid option in specific situations.
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