BNSS Section 355 — Provision for inquiries and trial being held in absence of accused in certain cases

CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Criminal

Summary

During an inquiry or trial, if the judge or magistrate believes that the accused person does not need to be physically present for a fair proceeding, or if the accused repeatedly disrupts the court, the judge may allow the accused to stay away as long as they have a lawyer. The judge must write down the reasons for this decision, and can later order the accused to appear in person if needed. If the accused does not have a lawyer, or if the judge decides their presence is required, the judge may either pause the case or order it to be handled separately. For this section, personal attendance includes appearing through video or audio call.

Official Text

(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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()

Old <-> New Code Mapping

  • CrPC §317 — Provision for inquiries and trial being held in absence of accused in certain cases