Section 355 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

08 Jun 2025 --
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Section 355 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the conditions under which a judge or magistrate may proceed with an inquiry or trial in the absence of the accused. This provision aims to balance the rights of the accused with the efficient administration of justice.

📜 Text of Section 355

Subsection (1): Dispensing with Personal Attendance

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. The Judge or Magistrate may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

Subsection (2): Conditions When Accused Is Not Represented

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: Definition of Personal Attendance

For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means.

⚖️ Comparison with the Criminal Procedure Code (CrPC)

Section 355 of the BNSS is analogous to Section 317 of the CrPC. Both provisions allow for the trial to proceed in the absence of the accused under certain conditions, ensuring that the legal process is not unduly delayed due to the accused's non-attendance.

🧾 Practical Implications

Representation by an Advocate: If the accused is represented by a legal counsel, the court may proceed with the trial without the accused being physically present, provided the absence does not hinder the interests of justice.

Absence of Legal Representation: If the accused is not represented by an advocate, the court has the discretion to either adjourn the proceedings or proceed with the trial separately, ensuring that the accused's rights are protected.

Use of Technology: The inclusion of audio-video electronic means for personal attendance reflects the modern approach to conducting legal proceedings, accommodating situations where physical presence is not feasible.

🧭 Purpose and Objectives

Efficiency in Legal Proceedings: By allowing trials to proceed in the absence of the accused under specific circumstances, the BNSS aims to reduce delays in the judicial process.

Protection of Accused's Rights: The provision ensures that the absence of the accused does not automatically impede the course of justice, provided their rights are not compromised.

Adaptation to Technological Advances: Recognizing the role of technology in modern legal practices, the BNSS accommodates virtual attendance, facilitating participation in proceedings when physical presence is not possible.