What is meant by 'trial in absentia'?
A Special NIA Court in Jammu issued a non-bailable warrant against Hafiz Saeed, and the National Investigation Agency may seek a trial in absentia under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- The Special NIA Court in Jammu issued a non-bailable warrant against Hafiz Saeed in the Pahalgam terror attack investigation.
- The National Investigation Agency is likely to seek a trial in absentia because Hafiz Saeed is expected not to appear in an Indian court.
- Section 356 allows a court to proceed with the case of a proclaimed offender who has absconded to evade trial, if arrest is not likely soon.
- The procedure includes two arrest warrants at least 30 days apart, newspaper publication, notice at the last known address, and intimation to a relative or friend.
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
UPSC may test the legal conditions, safeguards, and constitutional trade-offs involved when a court proceeds without the accused in serious criminal cases, especially after the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 framework.
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