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CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 355: Provision for inquiries and trial being held in absence of accused in certain cases

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 2 of our papers cite Section 355. Try these from the free papers:

  1. 1. During a trial before a Court of Session, the accused X, who is represented by an advocate, persistently disturbs the proceedings in Court. Under Section 355 of the BNSS, the Judge may:

Practise questions on Bharatiya Nagarik Suraksha Sanhita