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In Absentia Trial

Criminal Procedure & Jurisprudence Terms

Definition

The conducting of a criminal trial in the physical absence of the accused person, which is strictly barred under general Indian criminal jurisprudence except under narrow statutory exceptions (e.g., Section 356 BNSS for proclaimed offenders).

Example

Under standard CrPC provisions, evidence must be recorded in the presence of the accused (Section 273); if the accused absconds before charges are framed, the court records depositions under Section 299 to preserve evidence, rather than conducting a full in absentia trial.