(1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. (2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. Explanation.—For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means.
Bharatiya Nagarik Suraksha Sanhita
Section 355
Provision for inquiries and trial being held in absence of accused in certain cases
⚡ Quick Answer Reference: Section 355 BNSS
- Provision: Section 355 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section allows a judge or magistrate to hold an inquiry or trial without the accused being present in court, if it's in the interests of justice or if the accused is disrupting the proceedings. The judge or magistrate can also order the accused to attend court later if needed.
What does Section 355 of BNSS say?
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What does Section 355 of BNSS mean?
Plain English Explanation
This section allows a judge or magistrate to hold an inquiry or trial without the accused being present in court, if it's in the interests of justice or if the accused is disrupting the proceedings. The judge or magistrate can also order the accused to attend court later if needed.
Practical Interpretation
In practice, this section is used when the accused is not physically present in court, but is represented by a lawyer. The judge or magistrate can then proceed with the inquiry or trial without the accused being present, but can still order them to attend court later if necessary.
Core Legal Purpose
The core purpose of this section is to ensure that justice is served even if the accused is not physically present in court, while also protecting the rights of the accused to a fair trial.
- •The accused is represented by a lawyer.
- •The judge or magistrate is satisfied that the accused's personal attendance is not necessary in the interests of justice.
- •The accused is persistently disrupting the proceedings in court.
- •The accused is not represented by a lawyer.
Practical Example of Section 355 BNSS
Rajesh is accused of a crime and is represented by a lawyer. During the trial, Rajesh's lawyer is present in court, but Rajesh himself is not. The judge is satisfied that Rajesh's personal attendance is not necessary in the interests of justice, as his lawyer is adequately representing him. The judge can then proceed with the trial without Rajesh being present, but can still order him to attend court later if necessary.
Frequently Asked Questions about Section 355 BNSS
Q: What is the punishment or consequence under Section 355 of BNSS?
There is no punishment or consequence under Section 355 of BNSS. This section only deals with the procedure for holding an inquiry or trial in the absence of the accused, and does not impose any penalties or fines.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. It is a general provision that applies to all cases where an inquiry or trial is being held under the BNSS.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with criminal offences, so it is not bailable or cognizable. It is a procedural provision that deals with the procedure for holding an inquiry or trial.
Common Questions about Section 355 BNSS
What is Section 355 of BNSS?
Section 355 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Provision for inquiries and trial being held in absence of accused in certain cases". In plain terms: This section allows a judge or magistrate to hold an inquiry or trial without the accused being present in court, if it's in the interests of justice or if the accused is disrupting the proceedings. The judge or magistrate can also order the accused to attend court later if needed.
What is the punishment under Section 355 of BNSS?
Section 355 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 355 of BNSS bailable or non-bailable?
Whether Section 355 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 355 of BNSS?
The essential elements of Section 355 of BNSS are: The accused is represented by a lawyer.; The judge or magistrate is satisfied that the accused's personal attendance is not necessary in the interests of justice.; The accused is persistently disrupting the proceedings in court..
Landmark Judgments under Section 355 BNSS
Sections commonly cited alongside Section 355
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