Provision for inquiries and trial being held in absence of accused in certain cases
Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with provision for inquiries and trial being held in absence of accused in certain cases. At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, The Act came into force on 01 Jul 2024.
(1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
Explanation.—For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means.
Section 355, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 317 Provision for inquiries and trial being held in the absence ofaccused in certain cases Text carried over almost unchanged 85%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Punjab vs Hari Singh
Decided under Code of Criminal Procedure 317, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where an accused is charged with possession of narcotic articles under Section 15 of the NDPS Act, conscious possession - meaning awareness of the nature of the article coupled with a deliberate or intended state of mind - is an essential legal requirement. In the absence of questioning the accused under Section 313 CrPC regarding this vital element of the prosecution case, the trial suffers from a serious procedural infirmity that cannot be cured by circumstantial evidence of physical possession alone, and the conviction must be set aside as violating the fundamental principles of natural justice and fair trial.
On this section: Section 317 relates to power to dispense with personal attendance of accused in certain circumstances.
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Dr. Anbumani Ramadoss vs Central Bureau of Investigation
Decided under Code of Criminal Procedure 317, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In view of current judicial policy on hybrid hearings, an accused residing far from the court is entitled to appear virtually provided they do not dispute identity and their counsel is physically present.
On this section: Power to hold inquiry or trial in the absence of the accused.
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BALA GANESAN vs RAVICHANDRAN
Court's Decision & Legal Precedent
When a criminal complaint remains pending for an extended period with the prosecution witness failing to appear despite multiple opportunities and the complainant showing no interest in prosecuting the case, the court may dismiss the complaint for non-prosecution under Section 256 CrPC, particularly when the case exceeds the Supreme Court's guideline of 2 years for closing prosecution evidence in cases punishable with imprisonment not exceeding 7 years.
On this section: Petition filed under Section 355 BNSS was allowed by the court. This section deals with the procedure for dismissal of cases in the new criminal procedure code.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 355
What have the courts held on Section 355 of the Bharatiya Nagarik Suraksha Sanhita?
State of Punjab vs Hari Singh (16 Feb 2009) is the leading judgment on this section among those set out below, though it was decided under CRPC 317, which this section replaced -- the court never mentioned this Act: Section 317 relates to power to dispense with personal attendance of accused in certain circumstances. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2009 to 2025.
How do I find court cases under Section 355 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 355, section 355 BNSS, section 355 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 355 petition format and bnss 355(2). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with State of Punjab vs Hari Singh (16 Feb 2009).
What should I read with Section 355 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 317 (Provision for inquiries and trial being held in the absence ofaccused in certain cases), so the judgments decided under that provision are the case law on this one.
When did Section 355 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 355 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 355, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.