Trial in absentia-S.339B of CrPC
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Trial in
absentia
339B. (1) Where
after the compliance with the requirements of section 87 and section 88, the
Court has reason to believe that an accused person has absconded or concealing
himself so that he cannot be arrested and produced for trial and there is no
immediate prospect of arresting him, the Court taking cognizance of the offence
complained of shall, by order published in at least two national daily
Bengali Newspapers having wide circulation, direct such person to appear before
it within such period as may be specified in the order, and if such person
fails to comply with such direction, he shall be tried in his absence.
(2) Where in a case after
the production or appearance of an accused before the Court or his release on
bail, the accused person absconds or fails to appear, the procedure as laid
down in sub-section (1) shall not apply and the Court competent to try such
person for the offence complained of shall, recording its decision so to do,
try such person in his absence.
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