ValkyaEditorial

Tagged “right-to-fair-trial”

1 article on right-to-fair-trial.

Weekly Report

Section 356 BNSS: trial in absentia of proclaimed offenders and the constitutional question

Section 356 of the Bharatiya Nagarik Suraksha Sanhita introduces, for the first time in the Indian general criminal-procedure framework, a structured architecture for trial in absentia of proclaimed offenders. The framework deems absconding to operate as a waiver of the right to be present and tried in person — subject to elaborate procedural safeguards including a 90-day mandatory wait, two consecutive arrest warrants, paper publication and State-funded counsel. A practitioner's read on the section, the constitutional question, and the early High Court engagement.

Valkya Editorial··10 min