SSC CPO 2025 PYQ — Question 86

Correct Option: Proclaimed offenders who abscond.

A landmark provision has been introduced under Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Explanation:

• Previously, the rule in the Indian legal system was that a trial could not proceed without the presence of the accused. However, the BNSS has brought about a change in this regard:
• Section 356: If a person has been declared a 'Proclaimed Offender' and has absconded to evade arrest, the court may initiate the trial and pronounce a verdict even in their absence.
• Objective: The primary objective is to prevent delays in the judicial process, particularly in cases where offenders flee abroad or remain in hiding for extended periods.
• Conditions: The court must ensure that the offender was provided with adequate opportunities and notices to appear.

Additional Points:

• Rights: Even when a trial is conducted *in absentia* (in the absence of the accused), the accused retains the right to present their defense through a legal counsel.
• Previous Law: The Code of Criminal Procedure (CrPC) did not contain such a comprehensive provision; under the CrPC, recording of evidence was permitted only in certain limited circumstances, but not a full trial.
• Time Limit: If the offender is apprehended during or after the trial, they may appeal against the conviction; however, the court proceedings conducted *in absentia* cannot be invalidated solely on the ground that the accused was not physically present.

Potential Questions and Answers:

Question: Under which section of the BNSS is the provision for 'Trial *in absentia*' (trial in the absence of the accused) enshrined?

Answer: Section 356.

Question: Does this provision apply to all accused persons?

Answer: No, it primarily applies to fugitive offenders who have been officially declared 'Proclaimed Offenders' by the court.