Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 355
Provision for inquiries and trial being held in absence of accused in certain cases
In one line
BNSS Section 355 deals with provision for inquiries and trial being held in absence of accused in certain cases and replaces CrPC 317.
Bare act text — BNSS 355
355. Provision 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.
What changed from the CrPC
- CrPC 317 → BNSS 355: "pleader" is replaced by "advocate".
- CrPC 317 → BNSS 355: A new explanation is added -"For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means".
Frequently asked
What was BNSS Section 355 in the CrPC?
BNSS Section 355 (Provision for inquiries and trial being held in absence of accused in certain cases) replaces Section 317 of the Code of Criminal Procedure, 1973. CrPC 317 is now BNSS 355.
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Nearby BNSS sections
- BNSS 350 — Expenses of complainants and witnesses
- BNSS 351 — Power to examine accused
- BNSS 352 — Oral arguments and memorandum of arguments
- BNSS 353 — Accused person to be competent witness
- BNSS 354 — No influence to be used to induce disclosure
- BNSS 356 — Inquiry, trial or judgment in absentia of proclaimed offender
- BNSS 357 — Procedure where accused does not understand proceedings
- BNSS 358 — Power to proceed against other persons appearing to be guilty of offence
- BNSS 359 — Compounding of offences
- BNSS 360 — Withdrawal from prosecution
