Context: Trial in absentia explained
Following the Pahalgam terror attack, the National Investigation Agency may seek a trial in absentia against Hafiz Saeed under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as he is absconding and unlikely to appear before an Indian court.
Trial in Absentia
Trial in absentia means a criminal trial conducted without the physical presence of the accused.
Legal Provision
Section 356, Bharatiya Nagarik Suraksha Sanhita, 2023
Applicability
Trial in absentia applies only against a Proclaimed Offender under Section 84 of BNSS.
It is applicable for offences punishable with:
- 10 years or more imprisonment
- Life imprisonment
- Death
Procedure and Safeguards
Before trial:
- Two arrest warrants must be issued.
- These warrants must be at least 30 days apart.
- Public notice must be published in a newspaper.
- Notice must be given at the last known residence.
- A relative or friend must be informed.
- Trial can start only after 90 days from framing of charges.
Why It Matters
Trial in absentia prevents fugitives from frustrating the criminal justice process by simply refusing to appear before court.
Significance
- Helps deal with absconding accused.
- Ensures speedy trial in terrorism and grave offences.
- Prevents delay in criminal justice.
- Balances efficient justice with natural justice through statutory safeguards.
- Strengthens accountability in cases involving fugitives.
Concern
The absence of the accused raises questions of:
- Fair trial
- Right to defence
- Cross-examination
- Natural justice
- Possibility of misuse
Key Takeaway
Trial in absentia is meant for serious cases involving proclaimed offenders, but it must be used with strong safeguards to protect the fairness of criminal justice.
