Trial in Absentia Under BNSS Section 356: What It Means: An Illustrative Scenario

The example below is a constructed hypothetical, built to show how these rules apply in practice. It does not describe any real person or matter.

The illustrative scenario

The question

This raises an obvious question:

How the general rule applies

Generally speaking, 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.

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.

What often gets missed in situations like this

• Assuming trial in absentia is routine — as of late 2026 it had been used only a handful of times, and courts apply it where the accused is a proclaimed offender who cannot be produced despite efforts to secure their presence.

As noted above, this scenario is a constructed illustration used to explain the general rule — it does not describe a real client, case, or outcome.

For the general rules, see Trial in Absentia Under BNSS Section 356: What It Means and FIR Registration and Zero FIR: How It Works.

If this touches a situation you are dealing with, you are welcome to discuss it in a consultation.

This page is general information about the law in India and is not legal advice. The position can vary with the facts, so it is worth getting advice on your specific situation.