Inquiry, trial or judgment in absentia of proclaimed offender.

What this section does

Where a person declared a proclaimed offender has absconded to evade trial with no immediate prospect of arrest, the Court may, after recording reasons, proceed with trial in absentia treating the abscondence as a waiver of the right to be present, provided ninety days have elapsed from framing of charge and specified procedural safeguards (two warrants, newspaper publication, notice to relatives, affixation at residence) have been complied with. The proclaimed offender must be provided State-funded counsel if unrepresented, and depositions recorded in his absence are admissible; if he appears during trial, the Court may allow him to examine evidence taken in his absence. No appeal lies against the judgment unless the proclaimed offender presents himself before the appellate court, and no appeal against conviction lies after three years from the date of judgment.

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

Procedure at a glance

Key actors

Court · Proclaimed offender · Public Prosecutor · State-funded Advocate · Police

Time limit

Trial cannot commence until 90 days have elapsed from framing of charge; two warrants must be issued at intervals of at least 30 days; newspaper publication must give 30 days to appear; no appeal against conviction after 3 years from judgment.