India’s New Trial in Absentia Law

 

1. Trial in absentia refers to a legal procedure in which the trial of an accused person is conducted in their absence, typically when the accused has absconded or is evading trial.
2. "Absinthe" is derived from Latin, meaning "in the absence of."
3. Previously, it was not permitted under CrPC.
    

Do You know ?   President Droupadi Murmu gave assent to three major criminal code bills on 25th December 2023 to replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and the Evidence Act. These laws came into effect after being passed in Parliament in the Winter Session of 2023. Bharatiya Nyaya Sanhita 2023 (replaces the IPC). Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS-2023) (replaces the CrPC). Bharatiya Sakshya Bill 2023 (replaces the Indian Evidence Act)

 

Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS-2023) Law:
 

1. The Bharatiya Nagarik Suraksha Sanhita 2023 law allows for trial in absentia even if the accused is not present, provided they are evading justice.
    

Key Provisions of the Law:
 

1. Section 355: Judges or magistrates can proceed with the trial without the accused if:
   1. The presence of the accused is not necessary for justice.
   2. The accused is disrupting the court proceedings.
       
2. Section 356: This section mandates that trials be conducted in absentia for proclaimed offenders who have absconded to evade trial.
    
   1. A 90-day waiting period is required after the charges are framed before starting the trial.
   2. The judgment can be pronounced in the absence of the accused, and the trial will continue even if the accused is later arrested or appears toward the end of the proceedings.
       

Why Is This Law Important?
 

1. This provision ensures that accused individuals who abscond, especially those involved in terrorism and other heinous crimes, cannot evade justice by fleeing the country.
2. Convicting individuals in absentia strengthens India’s case for their extradition and brings them closer to facing trial for their crimes.
    

Global Context: Countries Allowing Trial in Absentia
 

India now joins several countries that allow trials in absentia. These include:
 

1. United States: The U.S. allows trial in absentia for certain crimes, particularly terrorism. Defendants tried in absentia are still afforded rights to defense.
2. China: In China, trial in absentia is permitted for individuals involved in terrorism, economic crimes, or corruption. The trial proceeds if the accused does not appear, often after charges are framed.
3. Bangladesh: In Bangladesh, the courts proceed with trial in absentia for terrorism and war crimes, especially when the accused is outside the country.
4. European Union (France, Italy, Spain): Many EU countries permit trial in absentia for severe crimes like terrorism and organized crime. The right to appeal is maintained, and an advocate is provided for the accused.
5. Saudi Arabia & UAE: These countries have provisions for trial in absentia for terrorism, drug trafficking, and organized crime, where the accused is absent from court.
    

Examples of People Tried in Absentia
 

1. Mengistu Haile Mariam: Former communist dictator of Ethiopia, sentenced to death in absentia in 2008 for genocide.
2. Martin Bormann: A senior Nazi official convicted of war crimes in 1945-46 at the Nuremberg Trials, in absentia.
    

 

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