Section 355 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Provision For Inquiries And Trial Being Held In Absence Of Accused In Certain Cases.

Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 355

 

Code: Section 355 BNSS

When a Judge or Magistrate Can Dispense with Personal Attendance of the Accused

355.
(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.

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Explanation of Section 355 BNSS

Section 355 of the Bharatiya Nyaya Sanhita (BNSS), 2023, provides the legal framework under which a Judge or Magistrate can dispense with the personal attendance of an accused person during a trial or inquiry. This provision ensures judicial efficiency while balancing the rights of the accused.

Key Provisions of Section 355 BNSS

1. Conditions for Dispensing with Personal Attendance:
   • If the Judge or Magistrate is satisfied that personal presence is not necessary in the interests of justice.
   • If the accused is persistently disturbing court proceedings.
   • The accused must be represented by an advocate for this provision to apply.
2. Judge’s Authority to Recall the Accused:
   • At any point during the proceedings, the Judge or Magistrate may direct the personal attendance of the accused.
3. Procedure When the Accused is Not Represented by an Advocate:
   • If the accused does not have legal representation, the Judge may:
     • Adjourn the inquiry or trial.
     • Order a separate trial for the accused.
4. Inclusion of Virtual Attendance:
   • The explanation explicitly states that “personal attendance” includes attendance via audio-video electronic means, allowing for virtual hearings.

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Illustrations of Section 355 BNSS

Example 1: Trial Proceeding Without Accused’s Presence

A businessman accused of fraud is represented by a lawyer. The Judge finds that his personal attendance is not necessary for justice and allows the trial to proceed without him physically appearing in court.

Example 2: Accused Disrupting Court Proceedings

A person accused of public disorder continues to cause disturbances in court. The Magistrate decides to proceed without his physical presence, ensuring smooth court operations.

Example 3: Accused Appearing Virtually

A tech entrepreneur facing financial fraud charges is residing abroad. The court allows him to attend proceedings via video conferencing, fulfilling the requirement of “personal attendance.”

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Common Questions and Answers on Section 355 BNSS

1. When can a court dispense with an accused’s personal attendance?

• A court can allow an accused to be absent if:
  • Their presence is unnecessary for justice.
  • They are disturbing the court proceedings.
  • They have an advocate representing them.

2. Can a court recall an accused after dispensing with attendance?

• Yes, the Judge or Magistrate can order the accused to appear at any stage of the trial.

3. What happens if the accused is not represented by an advocate?

• If the accused does not have legal representation, the Judge may adjourn the case or order a separate trial.

4. Does Section 355 BNSS allow virtual hearings?

• Yes. The explanation clarifies that attendance via audio-video electronic means qualifies as personal attendance.

5. Can a court refuse to dispense with personal attendance?

• Yes, if the Judge or Magistrate believes the accused’s presence is necessary, they can refuse to allow an absence.

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Conclusion

Section 355 BNSS ensures judicial efficiency by allowing trials to proceed without unnecessary delays due to the accused’s absence. It also recognizes modern technological advancements by allowing virtual attendance, ensuring fair trials while preventing disruptions. However, the provision maintains safeguards to recall the accused whenever required.

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