TRIALS IN ABSENTIA UNDER BNSS: BALANCING PROSECUTION EFFICIENCY AND THE ACCUSED’S RIGHT TO A FAIR TRIAL

AUTHORS – HABEETHA SAI.T* & MS.T. VAISHALI

* STUDENT AT SCHOOL OF EXCELLENCE IN EAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY EMAIL

** ASSISTANT PROFESSOR OF LAW, DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY,

BEST CITATION – HABEETHA SAI.T & MS.T. VAISHALI, TRIALS IN ABSENTIA UNDER BNSS: BALANCING PROSECUTION EFFICIENCY AND THE ACCUSED’S RIGHT TO A FAIR TRIAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 887-896, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has introduced several transformative changes to India’s criminal procedure system, including the recognition of trial in absentia for proclaimed offenders. This research critically examines whether the BNSS framework effectively balances the need for swift prosecution with the constitutional guarantee of a fair trial under Article 21 of the Indian Constitution. It explores the safeguards built into the BNSS, compares them with the previous provisions under the CrPC, and assesses their adequacy in protecting the rights of the accused. This paper critically analyzes the legislative framework of BNSS, focusing on Sections 84, 85, 107, and 356, which collectively set out the procedures for proclamation, property attachment, and trials in absentia. Through doctrinal study, judicial precedents, and comparative analysis with foreign jurisdictions, this work evaluates whether BNSS provisions successfully strike a balance between prosecutorial efficiency and the constitutional mandate of fairness in criminal justice