Limits on adjournments
♦ Section 346(2), fourth proviso, of BNSS provides that where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the court after hearing the objections of the other party and for the reasons to be recorded in writing
♦ Under section 309 of Cr.PC, there was no limit on power of Court to grant adjournments if circumstances are beyond the control of a party seeking adjournment
POWER OF MAGISTRATE TO ORDER PERSON TO GIVE SPECIMEN SIGNATURES OR HANDWRITING, ETC. [SECTION 349 OF BNSS/SECTION 311A OF Cr.PC.]
Magistrate’s power to order any person to give specimen signature, etc.
♦ Section 349 of BNSS empowers the Magistrate to order any person to give specimen signatures or handwriting or voice sample or finger impressions.
♦ Magistrate may, for reasons to be recorded in writing, order any a person to give such specimen without him being arrested
PROVISION FOR INQUIRIES AND TRIAL BEING HELD IN ABSENCE OF ACCUSED IN CERTAIN CASES [SECTION 355 OF BNSS/SECTION 317 OF Cr.PC.]
Personal attendance of accused through audio-video electronics means
♦ Newly added Explanation to section 355 provides that personal attendance of the accused includes attendance through audio-video electronic means.
INQUIRY, TRIAL OR JUDGMENT IN ABSENTIA OF PROCLAIMED OFFENDER [SECTION 356 OF BNSS]
♦ Section 356 of BNSS is a new provision
♦ Section 356 provides as follows:
1. When a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, – it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and – the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present and pronounce the judgment. The Court shall not commence the trial unless a period of 90 days has lapsed from the date of framing of the charge.
2. The Court shall ensure that the following procedure has been complied with before proceeding under (1) above namely:— (i) issuance of execution of two consecutive warrants of arrest within the interval of atleast thirty days; (ii) publish in a national or local daily newspaper circulating in the place of his last known address of residence, requiring the proclaimed offender to appear before the Court for trial and informing him that in case he fails to appear within thirty days from the date of such publication, the trial shall commence in his absence; (iii) inform his relative or friend, if any, about the commencement of the trial; and (iv) affix information about the commencement of the trial on some conspicuous part of the house or homestead in which such person ordinarily resides and display in the police station of the district of his last known address of residence.
3. Where the proclaimed offender is not represented by any advocate, he shall be provided with an advocate for his defence at the expense of the State.
4. Where the Court, competent to try the case or commit for trial, has examined any witnesses for prosecution and recorded their depositions, such depositions shall be given in evidence against such proclaimed offender on the inquiry into, or in trial for, the offence with which he is charged. If the proclaimed offender is arrested and produced or appears before the Court during such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have been taken in his absence.
5. Where a trial is related to a person under this section: – the deposition and examination of the witness, may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and – such recording shall be kept in such manner as the Court may direct.
6. In prosecution for offences under this Sanhita, voluntary absence of accused after the trial has commenced under (1) above shall not prevent continuing the trial including the pronouncement of the judgment even if he is arrested and produced or appears at the conclusion of such trial.
7. No appeal shall lie against the judgment under this section unless the proclaimed offender presents himself before the Court of appeal. No appeal against conviction shall lie after the expiry of three years from the date of the judgment.
8. The State may, by notification, extend the provisions of this section to any absconder mentioned in section 84(1) of this Sanhita.
Deemed Joint Trial [Section 24 of BSA]
♦ New Explanation II is added in section 24 of Bharatiya Sakshya Adhiniyam, 2023 so as to clarify that “A trial of more persons than one held in the absence of the accused who has absconded or who fails to comply with a proclamation issued under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be deemed to be a joint trial for the purpose of this section.”
WITHDRAWAL FROM PROSECUTION [SECTION 360 OF BNSS/ SECTION 321 OF Cr.PC.]
Central Act
♦ “Delhi Special Police Establishment Act” is replaced by “any Central Act” in section 360, proviso (ii) Opportunity of hearing to victim before allowing withdrawal of prosecution
♦ New second proviso to section 360 of BNSS provides that no court shall allow withdrawal from prosecution by Public Prosecutor without giving an opportunity of being heard to the victim in the case
COURT TO BE OPEN [SECTION 366 OF BNSS/SECTION 327 OF Cr.PC.]
In camera trial provision extended to offences under Protection of Children from Sexual Offences Act also ♦ Section 327 of Cr.PC provided that inquiry into and trial of offences of rape and gang rape shall be in camera. Section 366 of BNSS provides that inquiry into and trial of rape or an offence under Protection of Children from Sexual Offences Act shall also be conducted in camera. [See Sections 4, 6, 8 and 10 of POCSO]