BNSS Section 356: Trial in Absentia of a Proclaimed Offender

Imagine a family in Patna district waiting nine years for justice. The man accused of killing their son fled the day charges loomed, and the case simply froze. Witnesses aged, memories faded, and the court could do nothing because the accused was never in the dock. Section 356 of the new criminal procedure code is written for exactly this kind of stalled case.

This is an entirely new provision. The old Code of Criminal Procedure of 1973 had no equivalent, so a single absconding accused could keep a serious case in cold storage for decades. BNSS came into force on 1 July 2024 and Section 356 changes that balance.

A court cannot simply start an in-absentia trial. All of these pre-conditions must be satisfied before it proceeds.

1. The accused has been formally declared a proclaimed offender for absconding to evade trial.
2. There is no immediate prospect of arresting him.
3. Two consecutive warrants of arrest have been issued, with a gap of at least 30 days between them, and remain unexecuted.
4. A notice has been published in a national or local daily newspaper circulating where the accused last resided, requiring him to appear within 30 days, and the notice has been affixed as required.
5. At least 90 days have lapsed from the date of framing of the charge. The court shall not commence the trial before this period ends.

Only when every step above is complete may the court treat his absence as a waiver and move ahead.

A proclaimed offender is a person against whom a court has issued a written proclamation requiring him to appear, because he is absconding or hiding to avoid a warrant. The proclamation power sits in BNSS Section 84, which is the new version of the old Section 82 of the CrPC. If the person still does not appear, the court can attach his property under BNSS Section 85, which corresponds to the old Section 83.

Being declared a proclaimed offender is therefore the gateway. Without that declaration, Section 356 cannot be used at all.

1. The accused is charged but absconds, and the court declares him a proclaimed offender under Section 84.
2. The court issues two arrest warrants at least 30 days apart, both of which go unexecuted.
3. A notice is published in a newspaper circulating where he last lived, giving him 30 days to appear, warning that the trial will run in his absence.
4. Charges are framed. The court then waits the full 90 days before starting the trial.
5. The trial proceeds. Evidence and witness depositions are recorded even though the accused is not present.
6. The court may pronounce judgment against the proclaimed offender.
7. If he is later arrested, the depositions recorded in his absence can be used against him.

In-absentia trial does not mean no defence. The law builds in protections.

• If the proclaimed offender is not represented by any advocate, the court shall provide him an advocate for his defence at the expense of the State.
• The strict notice and warrant steps exist to give him a real chance to come forward before the trial begins.
• The 90-day gap after framing of charge is a cooling period meant to allow appearance.
• He keeps a right of appeal, but only on a condition explained below.

On appeal, no appeal lies against a judgment under this section unless the proclaimed offender first presents himself before the Court of Appeal. And no appeal against conviction can be filed after three years from the date of the judgment. So an absconder cannot stay away forever and then challenge the verdict at leisure.

For victims and their families, Section 356 removes the absconder's veto over the justice process. Earlier, fleeing was a winning strategy. Now the trial can be completed, witnesses can depose while their account is fresh, and a verdict can be recorded. The conviction waits to be enforced the moment the offender is caught.

If you are pursuing a case that has stalled because the accused vanished, you can ask the police and prosecution in writing about the proclamation and warrant steps already taken. A clear paper trail helps the court move to the in-absentia stage. You can frame such queries yourself using the AI RTI Drafter, and read more about your information rights in the RTI Act 2005. For a fuller guide to using information law to push public bodies, see The RTI Playbook.

Yes. It is a fresh provision in the Bharatiya Nagarik Suraksha Sanhita, 2023, with no equivalent in the old Code of Criminal Procedure of 1973.

No. Only a person formally declared a proclaimed offender, who has absconded to evade trial and has no immediate prospect of arrest, can be tried this way.

The court shall not commence the in-absentia trial until 90 days have lapsed from the date the charge is framed.

If the proclaimed offender is not represented by any advocate, the court must provide him an advocate for his defence at the expense of the State.

Yes. Depositions and evidence recorded during the in-absentia trial can be used against the proclaimed offender if he is arrested afterwards.

He can appeal only if he first presents himself before the Court of Appeal. No appeal against conviction lies after three years from the date of the judgment.

Section 356 is about trying someone who refuses to appear. Bail provisions deal with a person who is in the system. See default bail under BNSS 479 and anticipatory bail under BNSS 482.

The proclamation is issued under BNSS Section 84 and property attachment under BNSS Section 85. These steps must precede an in-absentia trial.

• Bharatiya Nagarik Suraksha Sanhita, 2023, Section 356, inquiry, trial or judgment in absentia of a proclaimed offender.
• Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84, proclamation for a person absconding.
• Bharatiya Nagarik Suraksha Sanhita, 2023, Section 85, attachment of property of a person absconding.

• Zero FIR under BNSS 173
• Default bail under BNSS 479
• Anticipatory bail under BNSS 482
• RTI Act 2005
• AI RTI Drafter
• The RTI Playbook