Patna: Bihar has become the first Indian state to implement ‘trial in absentia’, allowing courts to try and even convict accused persons who are deliberately avoiding arrest or court appearances. The measure, introduced under the Bharatiya Nagarik Suraksha Sanhita (BNSS), aims to accelerate justice in the state, which currently has around 18 lakh pending cases.
Additional Chief Secretary of the Home Department, Arvind Kumar Chaudhary, said the state has already identified five cases under the new provision, with hearings commencing in two. “This law ensures that the absence of the accused will no longer indefinitely delay the justice process,” he added.
Previously, under the Code of Criminal Procedure (CrPC), trials could not proceed, nor could sentences be pronounced, without the accused present. This often left cases involving long-absconding defendants unresolved, delaying relief for victims.
Under Sections 355 and 356 of the BNSS, a judge or magistrate can now initiate a trial after a 90-day waiting period from the framing of charges if the accused remains absconding. Once the trial begins, the voluntary absence of the accused does not halt proceedings, and judgments may be pronounced even if the accused is subsequently apprehended.
To further expedite case disposal, Bihar has set up a Directorate of Prosecution in every district, creating 760 new posts within the state prosecution service. Offices are expected to be operational by March next year. Alongside this, e-evidence management rules have been notified, allowing digital orders to streamline hearings.
Legal experts say the introduction of trial in absentia could significantly reduce the backlog of cases involving absconding accused, potentially transforming the state’s criminal justice landscape.
