Keywords: Bhartiya Nagarik Suraksha Sanhita, crpc, accused
Bhartiya Nagarik Suraksha Sanhita, 2023 the Bill replaces Cr.P.C (criminal procedure code). A proposed change in Cr.P.C, “convicting an accused in absentia is fine if the objective is to provide closure to the victim, but it does not provide a fair opportunity for the accused”,[1] said Professor Kumar, a criminal law expert at the national law university, Lucknow said.
Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a per- son declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment: Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge,” Section 356 of the Bharatiya Nagarik Suraksha Sanhita states.
Written by- fizza khan, College name – Jims greater Noida Jemtec school of law, Semester- 6th an intern under Legal Vidhiya
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