Fugitives Can't Stall Justice Forever: Allahabad HC Unveils Blueprint for 'Trial in Absentia'

In a landmark ruling that could reshape how Indian courts handle runaway accused, the Allahabad High Court has meticulously outlined the step-by-step protocol for conducting trials in absentia under the newly minted Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 . Justice Praveen Kumar Giri, presiding single judge, declared such absconders' deliberate evasion as a "waiver of the right to be present and tried in person" , paving the way for justice without their shadow.

The verdict arose from an application by Ravi alias Ravindra Singh , seeking to quash a non-bailable warrant (NBW) issued against him in a 2020 attempt to murder case (Sections 307, 504 IPC) at Agra's Sessions Court.

From Bail to Bail-Jumper: The Twisty Timeline

The saga began on November 24, 2020, when the second opposite party lodged an FIR at Sainya Police Station, Agra, accusing Ravi and two others of a violent assault. Investigation wrapped up swiftly with a charge-sheet on March 20, 2021; cognizance followed on April 3. Ravi secured bail from the High Court on December 8, 2021.

Committed to Sessions Court, charges were framed on February 14, 2024—in Ravi's presence. But post-August 2024, he ghosted proceedings despite exemptions granted earlier. NBWs flew starting October 18, 2024; a proclamation under Section 82 CrPC (now Section 84 BNSS) hit on November 3, 2025, and property attachment under Section 83 followed December 24, 2025. Ravi surfaced in this February 2026 application under Section 528 BNSS only after over a year of dodging.

"Hide and Seek" vs. "Deliberate Delay": Clash in Court

Ravi's counsel, Sanjay Singh, fired salvos: The trial court skipped bailable warrants, jumping straight to NBW—illegal, he claimed. With bail intact, Section 89 CrPC (now 92 BNSS) demanded arrest first, then bond forfeiture under Section 446 (now 491 BNSS). No show-cause notice for forfeiture? No Section 83 attachment pre-forfeiture. Personal difficulties justified absence; quash the NBW.

AGA Pankaj Kumar countered fiercely: Ravi, bailed and charges-framed in person, played "hide and seek." He lingered trials via exemptions, then vanished despite evidence dates fixed in his presence (March 16, 2024). Co-accused suffered; order sheets screamed dilatory tactics. NBW was law-compliant after repeated no-shows.

Decoding the Escape Routes: Court's Procedural Roadmap

Diving deep, Justice Giri rejected shortcuts, mapping four absconding stages with BNSS-tailored paths:

  1. Pre-charge-sheet fugitives : NBW (S.75), proclamation (S.84), attachment (S.85), then charge-sheet via amicus curiae (S.356).
  2. Bailed during probe, post-summons ghost : Breach bond (S.92), proclamation, bond forfeiture/cancellation (S.491-492), amicus trial.
  3. Post-charge vanishing act (Ravi's spot): Same as above, exhausting bail bonds before property hits.

Pre-BNSS precedent like Deepu v. State of U.P. (2024) clarified: Post-July 1, 2024, BNSS governs trials beneficially. Hardeep Singh v. State of Punjab (2014 SC) pegged "trial" post-charging.

The HC stressed timelines —90-day trial-start post-charge (S.356), 60-day charge-framing, day-to-day hearings (S.346)—and tools like video-recorded evidence (S.335), state-paid amicus if needed. No appeal sans surrender; 3-year conviction appeal limit.

External reports echo: This "landmark" curbs absconder-induced delays, mandating newspapers, kin notices, dual 30-day NBWs before absentia.

"Section 356 BNSS... is a landmark provision that introduces the concept of Trial in Absentia into the Indian criminal justice system."

Punchy Directives: No More Wiggle Room

Key takeaways, straight from the bench:

"If a proclaimed offender absconds 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."

"The Court shall ensure... issuance of two consecutive warrants... publish[ed] in a national or local daily newspaper... inform his relative or friend..."

"No appeal shall lie against the judgment under this section unless the proclaimed offender presents himself before the Court of appeal."

Accountability bites: Police GD uploads mandatory; delays invite BNS S.199 (disobeying public servant) or Police Act penalties. Prosecutors under Directorate scrutiny (S.20 BNSS). Courts: Shun baseless adjournments.

Two-Month Reprieve, But Clock Ticks

The NBW stands stayed for two months. Post-that, trial court frees to proceed if Ravi skips charge-hearing, S.351 statements, or judgment. Broader ripples? Systemic shift to "speedy justice," monitoring via DGP, DJs, JTRI. Circulated statewide, this blueprint arms courts against fugitives, balancing rights with resolution.

For absconders everywhere: Justice waits for no one.