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