CrPC 317 vs BNSS 355: Provision for inquiries and trial being held in the absence of accused in certain cases
Section 317 of the Code of Criminal Procedure is now section 355 of the Bharatiya Nagarik Suraksha Sanhita, in force from 1 July 2024. 78% of the old wording is kept; 46 words removed and 9 words added.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
CrPC section 317Provision for inquiries and trial being held in the absence of accused in certain cases
(1) At any stage of an inquiry or trial under this Code, 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 a pleader, 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 a pleader, 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. State Amendment Gujarat In the principal Act, to section 317, the following Explanation shall be added, namely: — “Explanation: —For the purpose of this section, personal attendance of the accused shall include his attendance through the medium of electronic Video Linkage as provided in section 273.”. Vide Gujarat Act 31 of 2017, s. 6.
BNSS section 355Provision for inquiries and trial being held in absence of accused in certain cases
(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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