What happened
A Special NIA Court in Jammu issued a non-bailable warrant against Hafiz Saeed in connection with the Pahalgam terror attack investigation. After a supplementary chargesheet, the National Investigation Agency may seek a trial in absentia because Saeed is expected not to appear before an Indian court.
Legal position under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) permits a court to continue proceedings even when a proclaimed offender has absconded to evade trial, if arrest is not likely soon. The court must record reasons before proceeding without the accused.
The provision is limited to serious offences punishable with at least 10 years, life imprisonment, or death. The explainer contrasts this with the older Code of Criminal Procedure, 1973 framework, under which many cases remained stalled because full in-absentia trials were not permitted.
Safeguards built into the procedure
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