Personal attendance of accused may be dispensed with during an enquiry or trial and in absence of accused, proceedings may be conducted by his Advocate: Section, 228, 355 Cr. P.C.

There are two sections i.e. Section 228 BNSS (Section 205 Cr.P.C.) and 355 BNSS (Section 317 Cr.P.C.) which provide that the personal attendance of the accused may be dispensed with during an enquiry or trial and in absence of the accused, the proceedings may be conducted by his Advocate. 

The provisions of Sections 228 and 355 BNSS are as under:

Section 228. Magistrate may dispense with personal attendance of a accused.—(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his advocate.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

Section 355 BNSS. Provision for inquiries and trial being held in absence of accused in certain cases.—(1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

(2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

Explanation.—For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means.

As per Section 228 and 355 BNSS during an enquiry or trial, the accused is required to appear before the court in person, unless an exemption from personal appearance has been granted by a judicial magistrate or a judge.

There are four stages of criminal proceedings during which an accused may abscond. Upon following the prescribed legal procedure, the criminal proceedings shall be concluded. The stages and the corresponding legal procedures are as follows :-

First- An accused absconds during investigation and police report/charge sheet is submitted against him, declaring him a proclaimed offender.

Second- An accused is not arrested during the investigation; either his arrest is stayed by any court of law, or his arrest is not required and he subsequently absconds after summoning and till the conclusion of the trial.

Third- An accused is on bail during investigation, furnishing bail bond and surety and he absconds subsequently after summoning and till the conclusion of the trial. 

Fourth- An accused absconds after the framing of charge while he was released on bail/anticipatory bail, on furnishing his bail bond and surety.

Accordingly, the police, public officers, prosecutors and the court should strictly adhere to the following procedures prescribed under the BNSS and other relevant laws to ensure a speedy trial in cases involving an absconding accused at any stage of criminal proceedings.