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§356

Trial in Absentia for Proclaimed Offenders

Plain-English Summary — Not Verbatim Statutory Text

A genuinely new provision: if a person is formally declared a "proclaimed offender" — someone who has absconded specifically to evade trial, with no immediate prospect of arrest — the trial can proceed in their absence, treated as a waiver of their right to be present. This is restricted to serious offences (punishable by 10+ years, life imprisonment, or death).

  • The trial can only actually begin at least 90 days after charges are framed, giving a real (if final) window for the person to appear before it proceeds without them.

A significant shift — previously, a case against an absconding accused in a serious offence could stall indefinitely; this creates a real path to a verdict even if the accused deliberately stays hidden.

This is a plain-English summary, not verbatim statutory text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the bare Act (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.