For the first time in Delhi, ‘in absentia’ trial invoked against absconding murder accused

In a first, the Delhi police have invoked the ‘trial in absentia’ provision of the Bharatiya Nagarik Suraksha Sanhita and booked with murder and kidnapping charges despite him evading arrest for the past nine months.

The provision, listed under Section 356 of the BNSS, allows for a court to proceed with inquiry, trial and judgement of a Proclaimed Offender in serious cases (punishable with death, life imprisonment or imprisonment of 10 years and more) even if the accused is not physically present for the proceedings.

According to Deputy Commissioner of Police (Outer North) Hareshwar Swami, the police invoked the provision in the murder case of Ramesh Bharadwaj, a 68-year-old man, who went ‘missing’ in January. While a missing persons complaint was registered at first, investigation revealed the deceased was last seen with Jitendra Mehto, a former employee of the Mr. Bharadwaj. In February, the police’s probe led to Abhishek, 19, Jitender’s son, who confessed that he, Jitender and the deceased’s son Love Bharadwaj had conspired to kill Ramesh because of a family dispute.

The police found the deceased’s body in a drain near Jitender’s house and a case was registered against the accused persons. However, Jitender continued to remain absconding, after which he was declared a Proclaimed Offender by a court in July. On August 25, the police specifically requested the commencement of the trial in his absence.

On November 18, a Principal District and Sessions Judge at Rohini Courts framed charges of kidnapping/ abduction, murder, and criminal conspiracy, among others, against Jitender and Abhishek.

In absentia trial provisions under CrPC 1973 were generally not permitted for serious offences. There were limited provisions under Section 299 where depositions could be used only after arrest and under specific conditions. Under BNSS, depositions can be used in the trial itself against the Proclaimed Offender.