• Research/Scholar Paper name – Trial in Absentia: The Way Forward
  • Author: Abhinav Mohan Goel
  • Institution: New Law College, BVDU, Pune, Maharashtra
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 03/09/2021

Abstract:

The Indian legal system is based on certain fundamentals and maxims, one of which is states that “let hundred guilty be acquitted but one innocent should not be convicted”. To realise the gist of this principle it is essential that the court listens to both sides of the case and then come to a decision, for which the presence of both the parties to the case is imperative. The Indian Criminal system abides by the principle of natural justice. This principle dictates that each and every individual has a right to be heard and notified about the circumstances under which a particular action has been initiated against him. The Indian Criminal System requires the accused to be present at various stages during the trial so that he is aware of all the charges levelled against him and can put up a defence. The provisions of the Code of Criminal Procedure make the presence of the accused a necessity of the trial to be conducted. However many accused and undertrials exploit this very provision which calls for their appearance as an important stage in the trial. Many instances have come forward wherein the accused have absconded either at the stage of inquiry or when out on bail exploiting the lacunae in the law. This leads to unnecessary delay in the administration of justice and causes frustration to the legal process. The following article deals with a way in which this void can be curbed if not eradicated. The following article deals with Trial in Absentia, the process through which a trial can be conducted in the absence of the accused. The article talks about the concept of trial in absentia, its international implications and its needs in the Indian Scenario.    

Trial in Absentia: The Way Forward

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