Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 355

BNSS 355: earlier CrPC 317

Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 317 of the Code of Criminal Procedure, 1973. BNSS 355 deals with provision for inquiries and trial being held in absence of accused in certain cases. The NCRB table marks it as changed. Compare the wording below. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024.

Bharatiya Nagarik Suraksha Sanhita

BNSS 355 was CrPC 317.

Provision for inquiries and trial being held in absence of accused in certain cases. · The NCRB table marks it as changed. Compare the wording below.

Modified
97% of the old wording kept
Old · CrPC 1973 · Ch. XXIV
s. 317
Provision for inquiries and trial being held in the absence of accused in certain cases
(1) At any stage of an inquiry or trial under this Code, 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 a pleader, 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 a pleader, 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XXVI
s. 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.
Text from India Code

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