CRPC §317 → BNSS §355
Provision for inquiries and trial being held in the absence of accused in certain cases
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317. Provision for inquiries and trial being held in the absence of accused in certain cases.—(1) At any stage of an inquiry or trial under this Code, 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 a pleader, 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 a pleader, 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. STATE AMENDMENT Gujarat In the principal Act, to section 317, the following Explanation shall be added, namely: — “Explanation: —For the purpose of this section “Personal attendance of the accused” shall include his attendance through the medium of Electronic Video Linkage as provided in section 273.”. [Vide Gujarat Act 31 of 2017, s. 6.]
(1) Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person is declared as a proclaimed offender, whether or not charged jointly, after recording reasons in writing, in his absence, the Court may, after ensuring compliance with the provisions of section 84 inquire into or try him, as the case may be, for any offence under any law for the time being in force in like manner as if he was present.
(2) If it is brought to the notice of the Court that a manifest error or omission has occurred in any inquiry or trial held under this section, the Court shall correct such error or omission and proceed in the matter as if no such error or omission had occurred.
(7) Whenever an inquiry or trial under this section is conducted, the Judge shall record the reasons for such inquiry or trial as the case may be and shall pass a judgment in the same manner as in any other case in accordance with the provisions of this Sanhita.
What changedAI-inferred
Provision for inquiries and trial being held in absence of accused — BNSS 355 introduces trial in absentia for proclaimed offenders.
Old position
CrPC 317 is concerned with Provision for inquiries and trial being held in the absence of accused in certain cases. Provision for inquiries and trial being held in the absence of accused in certain cases
New position
BNSS 355 modifies the framework. Topic: Provision for inquiries and trial being held in absence of accused in certain cases. Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person is declared as a proclaimed offender, whether or not charged jointly, after recording reasons in writing, in his absence, the
BNSS 355 is a structural break from the pre-BNSS framework. CrPC 317 permitted the conduct of inquiry / trial in absence of the accused only in narrow circumstances and required production for any judgment-stage step. The CrPC 299 sibling permitted recording of evidence in absence of an absconding...
Editorial deltaAI-indicated (source-linked)
BNSS 355 does not, on the supplied bare-act extract, carry forward the operative rule of CrPC 317. CrPC 317(1)-(2) governed the discretionary dispensation of an accused's personal attendance during inquiry or trial when the accused was represented by a pleader and the Court was satisfied (for reasons recorded) that personal attendance was not necessary in the interests of justice or that the accused was persistently disturbing proceedings. BNSS 355(1) instead introduces a trial-in-absentia regime against persons declared as proclaimed offenders, gated by compliance with the provisions of section 84 and operating under a notwithstanding override. Sub-section (2) provides for correction of manifest errors or omissions; sub-section (7) requires the Judge to record reasons and pass judgment as in any other case. Sub-sections (3)-(6) are not in this extract. The two sections share a near-identical marginal note but answer different operative sub-questions (procedural convenience for a present-and-represented accused vs exceptional coercive trial of an absconding accused) with no shared operative spine - hence no_correspondence on current evidence. If the pleader-excusal rule of CrPC 317 is later text-located in another BNSS section, this edge may be reclassified to repealed_partly_relocated.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 317 continues to apply. For matters from that date forward, BNSS 355 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 355 (Provision for inquiries and trial being held in absence of accused in certain cases). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §317 → BNSS §355 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/317.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.