CrPC Section N/A vs BNSS Section 356
BNSS Section 356 allows proclaimed offenders to be tried and convicted in their absence — ending the CrPC's complete gap where absconding froze criminal trials indefinitely. Court-appointed defence and right to appeal on arrest provide safeguards.
What Changed?
CrPC: no trial in absentia — absconding froze trial indefinitely.
BNSS Section 356: trial proceeds for proclaimed offenders in absentia.
BNSS: court must appoint defence pleader for absent accused.
BNSS: judgment pronounced; right to appeal on arrest.
Verdict
"Closes the fugitive accountability gap — economic offenders, terror accused, and serious criminals who flee cannot use absence to permanently escape justice. Court-appointed defence provides some adversarial protection; appeal on arrest provides a post-conviction remedy."
Detailed Analysis
CrPC Section N/A
Section Data Pending
BNSS Section 356
Section Data Pending
Legal Implications
Practical Scenarios
"Vijay Mallya-type scenario — charges framed, accused flees to UK; BNSS Section 356 trial in absentia with court-appointed lawyer."
Expert Q&A
Can accused be convicted without appearing at trial under BNSS?
Yes — for proclaimed offenders under BNSS Section 356. Court appoints lawyer; trial proceeds; conviction possible. Right to appeal on arrest.
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