Trial in Absentia Under BNSS Section 356: What It Means: Frequently Asked Questions

Here is a general overview of common questions on trial in absentia under bnss section 356 under Indian law.

Before the frequently asked questions

As a general rule, bNSS s.356 provides a mechanism for trial in absentia of a proclaimed, absconding offender in certain circumstances. (Note: BNS s.356, a different Act, separately covers defamation — the two should not be confused.)

This provision was used for the first time in Delhi on 9 Jul 2026, when a Special Judge at Rouse Avenue allowed a trial in absentia against an absconding accused in an MCOCA case; Delhi Police had earlier invoked the same provision in a murder case in Nov 2025.

Frequently asked questions

Can a criminal trial proceed if the accused cannot be found?

In limited circumstances, yes. BNSS introduced a mechanism for trial in absentia of proclaimed, absconding offenders, which Delhi courts have begun using, including in a 9 Jul 2026 case at Rouse Avenue.

For a fuller explanation, see FIR Registration and Zero FIR: How It Works.

If you would like this looked at against your own facts, a consultation is a reasonable next step.

The content above explains how the law generally works; it is not legal advice and should not be treated as a substitute for advice on your particular facts.