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

Explanation using Example

Example 1:

Scenario: Rajesh is accused of a minor theft and is currently out on bail. He is represented by his advocate, Mr. Sharma. During the trial, Rajesh repeatedly disrupts the court proceedings by shouting and refusing to follow the court's instructions.

Application of Section 355: The Judge, noting Rajesh's persistent disturbances, decides that his personal attendance is not necessary for the interests of justice. The Judge records the reasons for this decision and allows the trial to proceed in Rajesh's absence, as long as Mr. Sharma continues to represent him. The Judge also notes that Rajesh can be called to attend personally at any subsequent stage if required.

Example 2:

Scenario: Priya is accused of a serious fraud case and is not represented by an advocate. She has been attending all court hearings diligently. However, due to a medical emergency, she is unable to attend the next scheduled hearing.

Application of Section 355: The Magistrate, considering the necessity of Priya's personal attendance for the trial and the fact that she is not represented by an advocate, decides to adjourn the trial to a later date. The Magistrate records the reasons for this adjournment, ensuring that Priya's right to a fair trial is maintained.

Example 3:

Scenario: Anil is accused of a traffic violation and is represented by his advocate, Ms. Kapoor. Anil is a businessman who frequently travels abroad for work. He requests the court to allow the trial to proceed in his absence as his presence is not crucial for the minor nature of the case.

Application of Section 355: The Judge, after reviewing the case details and Anil's request, is satisfied that Anil's personal attendance is not necessary in the interests of justice. The Judge records the reasons and permits the trial to continue in Anil's absence, with Ms. Kapoor representing him. The Judge also notes that Anil can be required to attend personally if needed at any later stage of the trial.

Example 4:

Scenario: Sunita is accused of domestic violence and is represented by her advocate, Mr. Verma. During the trial, Sunita falls ill and is hospitalized. Her advocate requests the court to proceed with the trial in her absence.

Application of Section 355: The Magistrate, considering Sunita's medical condition and the fact that she is represented by an advocate, decides that her personal attendance is not necessary at this stage. The Magistrate records the reasons and allows the trial to proceed in Sunita's absence, with Mr. Verma representing her. The Magistrate also notes that Sunita can be called to attend personally if her presence becomes necessary later in the trial.