Bharatiya Nagarik Suraksha Sanhita, 2023
Section 355 BNSS: Inquiry or Trial in Absence of Accused in Certain Cases
Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows a Judge or Magistrate, in specified circumstances and for recorded reasons, to dispense with the personal attendance of an accused and continue an inquiry or trial in the accused's absence.
What Section 355 BNSS provides
The provision deals with situations where the physical presence of the accused is not required for the interests of justice, or where the accused persistently disturbs court proceedings. The court's power is conditional: reasons must be recorded, and where attendance is dispensed with under sub-section (1), the accused must be represented by an advocate.
Statutory text of Section 355 BNSS
355. Provision for inquiries and trial being held in 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.
Key conditions for dispensing with attendance
- The power may be exercised at any stage of an inquiry or trial under the BNSS.
- The Judge or Magistrate must record reasons.
- The court must be satisfied that personal attendance is unnecessary in the interests of justice, or that the accused persistently disturbs the proceedings.
- The accused must be represented by an advocate when the court proceeds under sub-section (1).
- The court retains power to require the accused's personal attendance at a later stage.
When the court may adjourn or order a separate trial
Under sub-section (2), where the accused is not represented by an advocate, or where the Judge or Magistrate considers personal attendance necessary, the court may record reasons and either adjourn the inquiry or trial or order that the accused's case be taken up or tried separately.
Audio-video appearance under Section 355
The Explanation is important for modern criminal procedure because it treats attendance through audio-video electronic means as personal attendance for the purposes of this section. This permits the court to use electronic appearance where legally and practically appropriate, while retaining control over whether physical attendance is required.
Section 355 and trial in absentia are not the same provision
Section 355 concerns dispensing with personal attendance in an inquiry or trial in specified circumstances. The neighboring Section 356 BNSS separately deals with inquiry, trial or judgment in absentia of a proclaimed offender. The two provisions should therefore be read according to their distinct statutory conditions.
Official references
For authoritative text and commencement information, readers may consult the Government of India's official sources: India Code and the Ministry of Home Affairs - New Criminal Laws.
This page is an informational reproduction and explanation of Section 355 BNSS. For case-specific legal advice, consult a qualified legal professional and the latest official text, rules, notifications and judicial decisions.