Transforming Legal Landscape: Insertion Of Trial In Absentia In The New Criminal Law Bills

Pragya Mehta, Maharashtra National Law University, Mumbai

ABSTRACT

Recently, three laws called the Bharatiya Nyaya Sanhita(BNS), the Bharatiya Nagarik Suraksha Sanhita(BNSS) and the Bharatiya Sakshya Sanhita(BSS) replacing the Indian Penal Code, the Code of Civil Procedure and the Indian Evidence Act of 1872 were introduced by the Home Minister. The provisions introduced by these new laws have been a point of controversy among legal and academic scholars across the country and have sent ripples throughout. One such provision introduced by these new laws called ‘trial in absentia’ has caused recent out pour among academicians advocating for human right laws and criminal justice. This provision which was present in many human rights treaties and laws of various countries has been introduced in the Indian Penal Code as a measure to prevent offenders absconding the country from having impunity against criminal trials and increases judicial efficiency. This practice, although having historical roots dating centuries back often raises contentious question regarding due process, victim rights, and procedural safeguards for potential miscarriage of justice. This article discusses the potential reasons for the introduction of this law in the Indian legal landscape and the potential impacts of the same and a comprehensive understanding of the procedures established.

Keywords: Procedure, absconding status, safeguards, justice, Indian law