Topic: mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
Q3. Why has trial in absentia been specifically provided for under the Bharatiya Nagarik Suraksha Sanhita, 2023? Explain the procedural safeguards governing such trials. Assess its potential to improve the effectiveness of India’s criminal justice system. (15 M)
Difficulty Level: Difficult
Reference: TH
Why the question
The BNSS, 2023 has introduced a specific framework for trial in absentia, bringing renewed attention to the balance between speedy justice, effective prosecution and fair-trial safeguards.
Key Demand of the question
The question requires explaining the need for providing trial in absentia under the BNSS and the procedural safeguards governing its use. It further seeks an assessment of its potential to improve the effectiveness of India’s criminal justice system.
Structure of the Answer:
Introduction
Introduce trial in absentia as a criminal justice reform aimed at preventing deliberate absconding from indefinitely frustrating judicial proceedings.
Body
- Need for trial in absentia: Explain the limitations of the earlier framework and the need to address deliberate evasion, prolonged delays and serious proclaimed offenders.
- Procedural safeguards: Outline the statutory notice, waiting period, judicial scrutiny, legal representation and evidentiary safeguards governing such trials.
- Potential for criminal justice effectiveness: Assess its role in timely adjudication, judicial efficiency, accountability and preservation of evidence.
Conclusion
Conclude by emphasising that trial in absentia can strengthen criminal justice only when its exceptional use remains firmly anchored in due process and judicial oversight.
