Trial in Absentia of Proclaimed Offenders — New BNSS Provision
Trial of proclaimed offenders in their absence — conviction possible; court-appointed defence; right to appeal on arrest
Legal Commentary
Explanation
BNSS Section 356 is one of the most consequential structural innovations — it enables trials and convictions in absentia for proclaimed offenders. Under CrPC, an accused's absconding froze the trial indefinitely — a massive loophole exploited by affluent accused who could flee abroad or go into hiding. BNSS Section 356 closes this gap. Key safeguards: (1) court must appoint a pleader to defend the accused — some adversarial protection even in absence; (2) judgment in open court; (3) right to appeal on arrest — post-trial remedy preserved. This provision is inspired by international models (ICC, UK, US, Germany, France) which all have in absentia mechanisms. Constitutionality under Art. 21 will be litigated — right to be heard is a fair trial fundamental right.