Section 355 BNSS: Provision for inquiries and trial being held in absence of accused in certain cases (Formerly Section 317 CrPC)

Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023: Provision for inquiries and trial being held in absence of accused in certain cases

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 355

Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 317 of the CrPC, 1973) empowers criminal courts to dispense with the personal attendance of the accused and conduct inquiries or trials in their absence, including conducting trial in absentia for proclaimed offenders.

Dispensing Attendance for Disorderly Conduct / Inconvenience: If the Court is satisfied that personal attendance of the accused is not necessary in the interests of justice, or that the accused persistently disturbs proceedings, it may dispense with attendance and proceed with trial.
Representation by Advocate: The trial proceeds in the presence of the accused's advocate, who represents them for taking evidence.
Trial in Absentia Proviso: BNSS incorporates a historic reform: where an accused has absconded or failed to appear after proclamation, the court may proceed with the trial and pronounce judgment in absentia.

Key Landmark Precedents:

Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd., (2001) 7 SCC 401: The Supreme Court authoritatively held that under Section 317 CrPC (Section 355 BNSS), trial courts have wide discretion to exempt the accused from personal attendance throughout the trial if represented by counsel.
State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601: Reaffirmed that dispensing with physical appearance does not violate fair trial where virtual or advocate representation is maintained.

Courtroom Practice & Strategic Litigation Guidance:

In commercial prosecutions, Section 138 NI Act, or cases involving elderly/sick clients, move a permanent exemption application under Section 355 undertaking that the advocate will be present on all dates and will not dispute identity.