Q1.

Discuss in detail the procedure of trial in Court of Sessions under Bharatiya Nagarik
Suraksha Sanhita, 2023.
The Bharatiya Nagarik Suraksha Sanhita, 2023, introduces comprehensive procedures for
trials before a Court of Session in India, aiming to streamline the judicial process and ensure
timely justice. Below is a detailed overview of the trial procedure under this legislation:
1. Conduct of Prosecution: In trials before a Court of Session, the prosecution is led by a
Public Prosecutor. Upon the accused's appearance, the prosecutor outlines the charges and
presents the evidence intended to establish the accused's guilt.
2. Application for Discharge: The accused has the right to file an application for discharge
within sixty days from the date of committal. If, after reviewing the case records and hearing
both parties, the Judge finds insufficient grounds to proceed, the accused shall be discharged,
with reasons recorded.
3. Framing of Charges: If the Judge determines there is a prima facie case:
 Non-Exclusive Offenses: Charges are framed, and the case may be transferred to a
Magistrate for trial.
 Exclusive Offenses: Charges are framed within sixty days from the first hearing. The
charge is read and explained to the accused, who is then asked to plead guilty or opt
for trial.
4. Plea of Guilty: If the accused pleads guilty, the Judge records the plea and may convict
the accused based on it. If the plea is refused or not entered, the trial proceeds.
5. Examination of Prosecution Witnesses: The prosecution presents its evidence, with
witness testimonies recorded in writing by the presiding Judge or an appointed officer.
Witnesses may be examined through audio-video electronic means.
6. Acquittal Consideration: After examining prosecution evidence and hearing arguments,
if the Judge finds no sufficient evidence, an order of acquittal is recorded.
7. Defense Evidence: If not acquitted, the accused is invited to present a defense, including
evidence and witness testimonies. The Judge may issue processes to compel witness
attendance or document production.
8. Closing Arguments: After defense evidence, the prosecution summarizes its case,
followed by the defense's reply. Points of law raised are addressed, with the prosecution
allowed to make submissions on them.
9. Judgment Delivery: The Judge delivers the judgment within thirty days of argument
completion, extendable to sixty days with recorded reasons. If convicted, the Judge hears the
accused on sentencing and proceeds accordingly.
10. Previous Conviction Evidence: If prior convictions are alleged, evidence is presented
after conviction. The Judge records findings and may direct compensation if accusations
lacked reasonable cause.
11. Electronic Mode Proceedings: The Sanhita allows trials, inquiries, and proceedings to
be conducted electronically, including issuance of summons, witness examination, and
recording of evidence.
These procedures under the Bharatiya Nagarik Suraksha Sanhita, 2023, are designed to
expedite trials, reduce delays, and enhance the efficiency of the criminal justice system in
India.

Court of Session (Sessions Court):

 Jurisdiction: Deals with serious offenses (e.g., murder, rape, terrorism) punishable by
more than 7 years of imprisonment, life imprisonment, or death penalty.
 Trial Type: Sessions trials are conducted either as Sessions Trials (S.T.) or Summary
Trials based on the nature of the offense.
 Procedure:
o Framing of Charges: Detailed and specific charges are framed after
considering the evidence.
o Trial Process: Involves the examination of witnesses, cross-examination, and
re-examination.
o Judgment: The judge writes a detailed judgment explaining the reasoning
behind the verdict.
 Legal Representation: Parties are usually represented by lawyers, and legal aid is
provided if needed.
 Evidence: Strict rules of evidence apply, with higher scrutiny.
2. Magistrate's Court:
 Jurisdiction: Handles less serious offenses (e.g., petty theft, public nuisance)
punishable by up to 3 years of imprisonment, fines, or both.
 Trial Type: Conducts Summons Cases (for offenses punishable with less than 2 years)
and Warrant Cases (for offenses punishable with more than 2 years).
 Procedure:
o Framing of Charges: Simplified charges, often in a less formal manner.
o Trial Process: Shorter proceedings; witnesses are examined in a more
straightforward manner.
o Judgment: Brief judgments are delivered, focusing on essential points.
 Legal Representation: Lawyers are allowed, but legal representation may be minimal
in some cases.
 Evidence: Less formal evidentiary requirements compared to Sessions Courts.
Key Differences:

Aspect Court of Session Magistrate's Court

Petty offenses (e.g., theft,

Type of Offenses Serious offenses (e.g., murder, rape)
mischief)

Judge Sessions Judge Magistrate (Judicial/Metropolitan)

Trial Complexity Complex, detailed Simpler, quicker

Evidence Rules Strict, formal Relaxed, informal

Death, life imprisonment, long-term

Punishment Short-term imprisonment, fines
prison

Q2. What are the key stages of a trial in a warrant case by a magistrate?

The trial of warrant-cases represents a critical aspect of criminal justice, ensuring a structured
and fair process for addressing serious offences. Under the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, the procedural framework governing such trials has been meticulously
designed to uphold the principles of natural justice while maintaining efficiency and
transparency. A warrant-case typically involves offences punishable by imprisonment
exceeding two years, necessitating a more detailed judicial process than summary or
summons trials. The new legal framework provides distinct provisions for cases instituted on
police reports and those initiated otherwise, ensuring clarity and uniformity in trial
procedures. It emphasizes the rights of the accused, the obligations of the prosecution, and
the pivotal role of the Magistrate in balancing these interests. This article delves into the
procedural nuances, from the filing of charges to the conclusion of the trial, highlighting the
innovations and safeguards embedded within the BNSS.

1. Cases Instituted on a Police Report

What must the Magistrate ensure at the commencement of a trial in a warrant-case instituted
on a police report?
The Magistrate is required to furnish the accused and the victim (if represented by an
advocate) with free copies of specified documents without delay, and in no case beyond
fourteen days from the date of production or appearance of the accused. The following
documents must be furnished:

 The police report.

 The first information report (FIR).
 Statements recorded of all persons whom the prosecution proposes to examine as
witnesses, excluding parts requested for exclusion by the police.
 Confessions and statements recorded.
 Any other document or relevant extract forwarded with the police report.
What happens if the police request exclusion of a part of a statement recorded?

If such a request is made, the Magistrate may peruse the part of the statement and consider
the reasons provided by the police. The Magistrate may then direct that either:

 A copy of the excluded part or portion deemed proper by the Magistrate shall be
furnished to the accused, or
 The exclusion shall be upheld.
What is the provision for voluminous documents?

If a document is voluminous, the Magistrate may:

 Furnish copies in electronic form.

 Direct that the document may only be inspected either personally by the accused or
through an advocate in court.
Is the supply of documents in electronic form considered sufficient?

Yes, documents furnished in electronic form are considered as duly furnished.

When can the accused prefer an application for discharge?

The accused may prefer an application for discharge within sixty days from the date of
supply of copies of documents.

On what grounds can the Magistrate discharge the accused?

The Magistrate may discharge the accused if, after considering the police report, documents
sent, and any necessary examination of the accused, the charge against the accused is deemed
groundless. The reasons for discharge must be recorded.

Can the Magistrate consider disputed facts or evidentiary value during discharge?

No, while exercising powers, the Magistrate cannot consider the merits of disputed facts
(Srilekha Sentilkumar v. CBI, (2019) 7 SCC 82). The evidentiary value of prosecution
materials cannot be questioned at this stage (State of Karnataka v. M.R. Hiremath, (2019) 7
SCC 515).

What is the procedure for framing a charge in such cases?

If the Magistrate presumes the accused has committed an offence triable by him, a charge
must be framed in writing within sixty days of the first hearing on the charge. The charge
must be read and explained to the accused, who is then asked to plead guilty or claim trial.

What happens if the accused pleads guilty?

The Magistrate shall record the plea and may convict the accused at his discretion.

What is the procedure if the accused refuses to plead or claims trial?

 The Magistrate shall fix a date for the examination of witnesses.

 The statements of witnesses recorded during the investigation must be supplied to the
accused in advance.
 The Magistrate may issue summons to witnesses for attendance or production of
documents.
 The Magistrate shall take evidence in support of the prosecution, permitting deferred
cross-examination or recall of witnesses if necessary. Witnesses may also be examined
via audio-video electronic means.

What steps follow the prosecution’s evidence?

 The accused is called upon to present their defence and evidence.

 The accused may file a written statement, and the Magistrate must file it with the record.
 The Magistrate may compel the attendance of witnesses for the defence unless the
application is deemed vexatious or intended to delay justice.
 Witnesses may be examined via audio-video electronic means, with reasonable expenses
deposited if necessary.

1. Cases Instituted Otherwise Than on a Police Report

What is the procedure for prosecution evidence in these cases?

 The Magistrate shall hear the prosecution and take all evidence presented.
 The Magistrate may summon witnesses or documents as requested by the prosecution.
When can the accused be discharged in such cases?

If the Magistrate finds that the evidence does not establish a case warranting conviction, or if
the charge appears groundless at any stage, the accused shall be discharged with reasons
recorded.

What happens if the Magistrate does not discharge the accused?

 The Magistrate shall frame a charge if the evidence indicates the accused committed an
offence triable by him.
 The charge must be read and explained to the accused, who is asked to plead guilty or
present a defence.
 If the accused pleads guilty, the Magistrate may convict him.
 If the accused refuses to plead, the Magistrate proceeds to record prosecution evidence
and allows for cross-examination or re-examination of witnesses.

How is the defence conducted in such cases?

The accused is called to present their defence, and the provisions applicable to defence in
police-report cases apply here.

1. Conclusion of Trial
What is the procedure for acquittal or conviction?

 If the Magistrate finds the accused not guilty, an order of acquittal is recorded.
 If the accused is found guilty, the Magistrate shall hear them on sentencing and pass an
appropriate sentence.
 For previous convictions, the Magistrate may take evidence and record findings after
conviction.

What happens if the complainant is absent in a case initiated on complaint?

If the complainant is absent and the offence is compoundable or non-cognizable, the

Magistrate may discharge the accused after giving thirty days’ time for the complainant to
appear.

Can compensation be awarded for accusations without reasonable cause?

Yes, if the Magistrate finds no reasonable ground for the accusation, they may order the
complainant or informant to pay compensation to the accused. This order can include
imprisonment for non-payment and does not exempt the complainant from further civil or
criminal liability. Appeals are allowed against such compensation orders exceeding ₹2,000
by Magistrates of the second class.

Therefore, the Bharatiya Nagarik Suraksha Sanhita, 2023, brings a progressive and well-
defined approach to the trial of warrant-cases, addressing contemporary challenges in the
criminal justice system. By streamlining procedures, promoting technological integration
such as audio-video examination, and emphasizing the accountability of all parties involved,
the legislation seeks to enhance the efficacy of criminal trials. This structured approach not
only ensures justice is served but also safeguards the rights of the accused and the integrity of
the judicial process. As India moves forward with this transformative legal framework, it
holds the potential to strengthen public confidence in the judiciary and pave the way for a
more robust and equitable justice delivery system.

Source: https://www.greaterkashmir.com/opinion/redefining-justice/
Q3. What are the steps involved in the summary trial by a magistrate?
Summary Trials
Summary trials are governed by sections 283 to 288 of the Bharatiya Nagarik Suraksha
Sanhita (BNSS) and is designed to provide a short and expedited process of the trial for
certain types of offences. These trials are intended for cases where the maximum punishment
is up to three years of imprisonment or cases that are considered to be of a summary nature
by law. The objective of summary trials is to ensure that justice is delivered swiftly, without
compromising on the principles of natural justice and fair trial. Also, it ensures that only
offences of a certain gravity are tried summarily, and cases with higher potential punishments
are dealt with through regular trials. The right of appeal in summary trials is limited
compared to regular trials. An accused can only appeal the judgment but not the decision of
the Magistrate to try in a Summary way. This helps in expediting the appellate process and
reduces delays in the disposal of cases.
I. Provisions Given Under Bharatiya Nagaraik Suraksha Sanhita, 2023. As per Sec 283 of the
BNSS, 2023, the powers to try summarily are as below:
(1) Notwithstanding anything contained in this Sanhita-
(a) any Chief Judicial Magistrate;
(b) Magistrate of the first class, shall try in a summary way all or any of the following
offences:
(i) theft, under section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023
where the value of the property stolen does not exceed twenty thousand rupees;
(ii) receiving or retaining stolen property, under section 317 of the Bharatiya Nyaya Sanhita,
2023, where the value of the property does not exceed twenty thousand rupees;
(iii) assisting in the concealment or disposal of stolen property under section 317 of the
Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty
thousand rupees;
(iv) offences under section 332 of the Bharatiya Nyaya Sanhita, 2023;
(v) insult with intent to provoke a breach of the peace, under section 352, and criminal
intimidation, under section 351 of the Bharatiya Nyaya Sanhita, 2023;
(vi) abetment of any of the foregoing offences;
(vii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(viii) any offence constituted by an act in respect of which a complaint may be made under
section 20 of the Cattle-trespass Act, 1871.
(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for
reasons to be recorded in writing, try in a summary way all or any of the offences not
punishable with death or imprisonment for life or imprisonment for a term exceeding three
years. Provided that no appeal shall lie against the decision of a Magistrate to try a case in a
summary way under this sub-section.
(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the
case is such that it is undesirable to try it summarily, the Magistrate shall re-call any
witnesses who may have been examined and proceed to re-hear the case in the manner
provided by this Sanhita.
As per Sec 285 of the BNSS, 2023, the procedure for summary trials is as below:
(1) In trials under this Chapter, the procedure specified in this Sanhita for the trial of
summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the
case of any conviction under this Chapter. As per Sec 287 of the BNSS, 2023, the procedure
for the judgement in cases tried summarily is as below
In every case tried summarily in which the accused does not plead guilty, the Magistrate
shall record the substance of the evidence and a judgment containing a brief statement of the
reasons for the finding.
II. Remarks:
BNSS has empowered Magistrates to try in a summary way all or any of the offences not
punishable with death or imprisonment for life or imprisonment for a term exceeding three
years as compared to the CrPC which has provision to try in a summary way all or any of the
offences not punishable with death or imprisonment for life or imprisonment for a term
exceeding two years itself.
The BNSS takes a contemporary approach and has given powers to try offences summarily
when the value of the property does not exceed Rupees Twenty Thousand comapred to the
earlier CrPC which was a mere Two Hundred.
III. Conclusion
Summary trials are a valuable tool in ensuring swift justice for certain types of offences in
India. The significance of summary trials lies in their efficiency, cost-effectiveness,
deterrence, access to justice, and flexibility. By promoting expeditious and streamlined
resolution of cases, summary trials contribute to the overall effectiveness of the Indian
criminal justice system. However, it is important to ensure that the principles of natural
justice and fair trial are upheld, and that summary trials in BNSS are conducted in a manner
that safeguards the rights of the accused.
Source: https://bprd.nic.in/uploads/pdf/Summary%20Trials.pdf
Q4. Discuss the remission and commutation of crimes under BNSS.
Commutation or Remission Commutation:- In law, a commutation is reducing a punishment
for a crime. After getting a commutation, an incarcerated person's original sentence of ten
years in prison might be reduced to five years. A commutation is different from a pardon,
which eliminates the actual conviction. For example:- A death sentence may be commuted to
rigorous imprisonment. The President or Governor's constitutional power to commute a
sentence, under Art.72 and Art.161 respectively, the Central and the State Governments can
also statutorily commute a sentence. In the BNSS, Section 475 titled 'Power to commute
sentence' lays down the extent of this statutory power. A major change brought about by the
BNSS is concerning the limit imposed on the commutation of a death sentence. Under
S.433(a) CrPC, a sentence of death could be commuted to 'any other punishment' stipulated
in the IPC. However, the BNSS restricts the discretionary power of the government by
limiting the scope of commutation of a death sentence to a sentence of life imprisonment
alone. This is intended to increase the deterrence of such offences, for which the death
penalty has been awarded. Similarly, the scope of commuting any sentence into a fine has
been curtailed with this provision only applicable to offences punishable with 3 years or less.
Remission :- Remission means decreasing the period of the sentence without changing its
character Section 477 BNSS relates to the State Government's power to remit or commute
sentences of persons convicted for the offences linked to the Central Government. The
parallel text in S.435 CrPC, provided that the State Government could remit the sentence only
after 'consultation with Central Government in certain cases'. However, the BNSS sees the
replacement of 'consultation' with that of 'concurrence'. The change reflects existing case law,
which had interpreted 'consultation with the Central Government' in S.432 to require
agreement, or concurrence, of the Central Government For example:- A person sentenced to a
term of two years, his sentence is now reduced to one year. The effect of the remission is that
the prisoner is given a certain date on which he shall be released and he would be a free man
in the eyes of the law. Comparison of powers of commutation Sentence Cr.PC BNSS
Sentence of Death Section 433(a) Any other punishment provided by the IPC Clause 474(a)
Imprisonment for life Sentence of life imprisonment Section 433(b) Imprisonment for a term
not exceeding 14 years or fine Clause 474(b) Imprisonment for a term not less than seven
years Sentence of imprisonment for 7 years or 10 years Nil Clause 474(c) Imprisonment for a
term not less than 3 years Rigorous imprisonment Section 433(c) simple imprisonment for
any term to which that person might have been sentenced or fine Section 474(e) simple
imprisonment for any term to which that person might have been sentenced Imprisonment
less than 7 years Clause 474 (d) fine Provision of Commutation and Remission under New
Criminal Laws BNS BNSS BSA  Commutation:-  Section 5 Commutation of sentence:-
The appropriate Government may, without the consent of the offender, commute any
punishment under this Sanhita to any other punishment in accordance with section 474 of the
Bharatiya Nagarik Suraksha Sanhita, 2023. Explanation––For the purposes of 
Commutation:-  Section 456:- Postponement of capital sentence on pregnant woman:- If a
woman sentenced to death is found to be pregnant, the High Court shall commute the
sentence to imprisonment for life.  Section 474:-Power to commute sentence:- The
appropriate Government may, Commutation and remission have not been mentioned in
BSA,2023. this section the expression “appropriate Government” means,–– (a) in cases
where the sentence is a sentence of death or is for an offence against any law relating to a
matter to which the executive power of the Union extends, the Central Government; and (b)
in cases where the sentence (whether of death or not) is for an offence against any law
relating to a matter to which the executive power of the State extends, the Government of the
State within which the offender is sentenced.  Section 8(2):- Amount of fine, liability in
default of payment of fine, etc:- (2) In every case of an offence–– (a) punishable with
imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or
without imprisonment; (b) punishable with imprisonment or fine, or with fine only, in which
the offender is sentenced to a fine, it shall be competent to the Court which sentences such
offender to direct by the sentence that, in default of payment of the fine, the offender shall
suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other
imprisonment to which he may have been without the consent of the person sentenced,
commute— (a) a sentence of death, for imprisonment for life; (b) a sentence of imprisonment
for life, for imprisonment for a term not less than seven years; (c) a sentence of imprisonment
for seven years or more, for imprisonment for a term not less than three years; (d) a sentence
of rigorous imprisonment, for simple imprisonment for any term to which that person might
have been sentenced; (e) a sentence of imprisonment up to three years, for fine.  Section
475:- Restriction on powers of remission or commutation in certain cases:- Notwithstanding
anything contained in section 473, where a sentence of imprisonment for life is imposed on
conviction of a person for an offence for which death is one of the punishments provided by
law, or where a sentence of death imposed on a person has been commuted under section 474
into one of imprisonment for life, such person shall not be released from prison unless he had
served at least fourteen years of imprisonment  Section 477(2):- State sentenced or to which
he may be liable under a commutation of a sentence.  Section 260 :- Intentional omission to
apprehend on part of public servant bound to apprehend person under sentence or lawfully
committed:- (b) with imprisonment of either description for a term which may extend to
seven years, with or without fine, if the person in confinement or who ought to have been
apprehended, is subject, by a sentence of a Court, or by virtue of a commutation of such
sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or 
Section 263 (d):- Resistance or obstruction to lawful apprehension of another person:- (d) if
the person to be apprehended or rescued, or attempted to be rescued, is liable under the
sentence of a Court or by virtue of a commutation of such a sentence, to imprisonment for
life, or imprisonment for a term of ten years or upwards, shall be punished with imprisonment
of either description for a term which may extend to seven years, and shall also be liable to
fine; or Government to act after concurrence with Central Government in certain cases:- (2)
No order of suspension, remission or commutation of sentences passed by the State
Government in relation to a person, who has been convicted of offences, some of which
relate to matters to which the executive power of the Union extends, and who has been
sentenced to separate terms of imprisonment which are to run concurrently, shall have effect
unless an order for the suspension, remission or commutation, as the case may be, of such
sentences has also been made by the Central Government in relation to the offences
committed by such person with regard to matters to which the executive power of the Union
extends. Remission:-  Section 473(2)(3):- Power to Remission:-  Section 266:- Violation
of condition of remission of punishment:- Whoever, having accepted any conditional
remission of punishment, knowingly violates any condition on which such remission was
granted, shall be punished with the punishment to which he was originally sentenced, if he
has already suffered no part of that punishment, and if he has suffered any part of that
punishment, then with so much of that punishment as he has not already suffered. suspend or
remit sentences:- (2) Whenever an application is made to the appropriate Government for the
suspension or remission of a sentence, the appropriate Government may require the presiding
Judge of the Court before or by which the conviction was had or confirmed, to state his
opinion as to whether the application should be granted or refused, together with his reasons
for such opinion and also to forward with the statement of such opinion a certified copy of
the record of the trial or of such record thereof as exists. (3) If any condition on which a
sentence has been suspended or remitted is, in the opinion of the appropriate Government, not
fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon
the person in whose favour the sentence has been suspended or remitted may, if at large, be
arrested by any police officer, without warrant and remanded to undergo the unexpired
portion of the sentence.  Section 477(2):- State Government to act after concurrence with
Central Government in certain cases:- As above
Source:
https://bprd.nic.in/uploads/pdf/202401261015218869937CommutationorRemission.pdf
Q5. Discuss in detail the trial in absentia of accused.
Ready Reckoner: Trial in Absentia  The BNSS has introduced provisions for conducting
trial in absentia of certain kinds of accused. This allows the trial and pronouncement of
judgment in the absence of the accused, which was not provided under the previous Cr.P.C.
 Trial in absentia refers to conducting a criminal trial without the presence of the accused
person in court. Earlier, Indian law did not allow trial, conviction or sentencing of any person
in absentia even for heinous offences.  Under Section 355 of the BNSS, the Judge or
Magistrate may conduct a trial of an accused in his absence if it is deemed that the personal
attendance of the accused is not necessary in the interests of justice, or if the accused
persistently disturbs the proceedings in court.  The BNSS allows in-absentia trial of
proclaimed offenders under specific conditions. Section 356 of the BNSS mandates the court
to proceed with the trial in absentia when a person declared as a proclaimed offender has
absconded to evade trial, and there is no immediate prospect of arresting him. It also specifies
a mandatory waiting period of ninety (90) days from the date of framing of the charge before
commencing the trial.  The BNSS provides provisions for the pronouncement of judgment
in in-absentia trials. It states that the voluntary absence of the accused after the trial has
commenced shall not prevent the continuation of the trial, including the pronouncement of
the judgment, even if the accused is arrested or appears at the conclusion of the trial. Page 1
of 5 Provisions in New Criminal Laws Concerning Trial in Absentia BNSS BSA • Section
355 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS): Provision for inquiries and trial
being held in the absence of accused in certain cases. (1) At any stage of an inquiry or trial
under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the
personal attendance of the accused before the Court is not necessary in the interests of justice,
or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate
may, if the accused is represented by an advocate, dispense with his attendance and proceed
with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings,
direct the personal attendance of such accused. (2) If the accused in any such case is not
represented by an advocate, or if the Judge or Magistrate considers his personal attendance
necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such
inquiry or trial, or order that the case of such accused be taken up or tried separately.
Explanation.—For the purpose of this section, personal attendance of the accused includes
attendance through audio video electronic means • Section 356 BNSS| Bharatiya Nagarik
Suraksha Sanhita (BNSS): Inquiry trial or judgment in absentia of proclaimed offender. (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 •
Deemed Joint Trial, Section 24 of Bharatiya Sakshya Adhiniyam, 2023 (BSA) New
Explanation II is added in section 24 of Bharatiya Sakshya Adhiniyam, 2023 so as to clarify
that “A trial of more persons than one held in the absence of the accused who has absconded
or who fails to comply with a proclamation issued under section 84 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 shall be deemed to be a joint trial for a purpose of this section.” •
Note: Section 84 BNSS 2023 provides for proclamation for person absconding. Page 2 of 5
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 execution of two consecutive warrants of arrest within the interval
of atleast 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 Page 3 of 5 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 of this Sanhita. • Section 84 Of The Bharatiya
Nagarik Suraksha Sanhita 84. (1) If any Court has reason to believe (whether after taking
evidence or not) that any person against whom a warrant has been issued by it has absconded
or is concealing himself so that such warrant cannot be executed, such Court may publish a
written proclamation requiring him to appear at a Page 4 of 5 specified place and at a
specified time not less than thirty days from the date of publishing such proclamation. (2) The
proclamation shall be published as follows: — (i) (a) it shall be publicly read in some
conspicuous place of the town or village in which such person ordinarily resides; (b) it shall
be affixed to some conspicuous part of the house or homestead in which such person
ordinarily resides or to some conspicuous place of such town or village; (c) a copy thereof
shall be affixed to some conspicuous part of the Court -house; (ii) the Court may also, if it
thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating
in the place in which such person ordinarily resides. (3) A statement in writing by the Court
issuing the proclamation to the effect that the proclamation was duly published on a specified
day, in the manner specified in clause (i) of sub -section (2), shall be conclusive evidence that
the requirements of this section have been complied with, and that the proclamation was
published on such day. (4) Where a proclamation published under sub - section (1) is in
respect of a person accused of an offence which is made punishable with imprisonment of ten
years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita,
2023 or under any other law for the time being in force, and such person fails to appear at the
specified place and time required by the proclamation, the Court may, after making such
inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that
effect. (5) The provisions of sub -sections (2) and (3) shall apply to a declaration made by the
Court under sub -section (4) as they apply to the proclamation published under sub -section
(1).
Source: https://bprd.nic.in/uploads/pdf/202401261019413843190TrialinAbsentia.pdf