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BNSS · Section 355 · Chapter XXVI — GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Provision for inquiries and trial being held in absence of accused in certain cases.

What this section does

At any stage of inquiry or trial, if the Judge or Magistrate is satisfied that the personal attendance of the accused is not necessary in the interests of justice, or that the accused persistently disturbs proceedings, and the accused is represented by an advocate, the Court may dispense with his attendance and proceed in his absence. If the accused is not represented by an advocate, or if personal attendance is considered necessary, the Court may adjourn or order a separate trial. Personal attendance includes attendance through audio-video electronic means.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Judge · Magistrate · Accused · Advocate
Old-law correspondence

Derived from CrPC s.317.

Read the official text

For the binding statutory text of BNSS Section 355, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 355 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.