Trial in Absentia Now Operational for Proclaimed Offenders under BNSS, 2023 by Maharashtra government notification dated 14 August 2025

 Introduction

In a significant move to tackle delays caused by absconding accused, the Government of Maharashtra has, by notification dated 14 August 2025, exercised powers under Section 356(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to operationalize trial in absentia for proclaimed offenders. This move is expected to improve the efficiency of the criminal justice system and curb tactics of evasion by habitual absconders.

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Legal Framework: Section 356(8) and Section 84(1) of BNSS, 2023

Section 356 of BNSS, 2023 addresses procedures for inquiry, trial, or judgment when an accused is absent. Sub-section (8) specifically empowers State Governments to apply these provisions to any class of cases where proceedings under Section 84(1) — relating to proclaimed offenders — have been initiated. Section 84(1) deals with the declaration of absconding accused as proclaimed offenders.

Salient Features of the Notification

·       Effective Date: The notification takes effect from the date of its publication in the Official Gazette (14 August 2025).

·       Scope: The power applies to cases where a court has initiated proceedings under Section 84(1), i.e., declared the accused a proclaimed offender.

·       Practical Impact: Courts can now conduct inquiries, trials, or even pronounce judgments in the absence of the accused if they have been declared proclaimed offenders under the relevant section.

·       Authority: Issued by the Home Department, Maharashtra, in the name of the Governor.

Importance and Implications

This notification marks a paradigm shift in criminal prosecution by ensuring that proclaimed offenders cannot frustrate the course of justice by simply remaining absconding. Key implications include:

·       Enhanced Judicial Efficiency: Courts can move forward with trials despite the absence of the accused, reducing prolonged delays in justice delivery.

·       Deterrence: Sends a strong signal to those attempting to evade arrest and trial, encouraging voluntary appearance and compliance with the law.

·       Protection of Witnesses and Victims' Rights: Prevents accused from leveraging their absence to intimidate witnesses or manipulate proceedings.

·       Fairness Considerations: While empowering courts, the law also maintains safeguards to ensure that trials in absentia are not misused and the rights of the accused remain protected as per due process.

Conclusion

By operationalizing Section 356 in cases involving proclaimed offenders, Maharashtra has set a significant precedent, ensuring that the criminal justice process cannot be held hostage by absconders. This bold step is expected to strengthen the rule of law and expedite pending criminal cases, striking a balance between the rights of the accused and the imperative of justice.

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