Criminal Procedure Code · Updated to 1 May 2023 · Chapter XLIV · Miscellaneous
425A. Trial in absence of an accused
Feedback & supportNotwithstanding any other provision of this Code, if an accused after being charged absconds before or during the course of his trial, the accused shall be deemed to have waived his right to be present at the trial.
A Court may proceed or continue with the trial and pronounce judgment in the absence of the accused provided that the Court shall not pass any of the following sentences in the absence of the accused:
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
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death;
imprisonment for life; and
imprisonment for a term of not less than thirty years but not exceeding forty years.
If a warrant of arrest has been issued—
the Court may adjourn the trial and await the appearance of the accused or await the execution of the warrant; or
if the Court is satisfied that it is no longer in the interest of justice to await the appearance of the accused or to await the execution of the warrant, the Court may, at any time, proceed or continue with the trial.
If the Court proceeds or continues with the trial pursuant to subsection (2), the Court may draw an inference adverse to the accused from the fact that he has absconded.
If an accused reappears at his trial, he is not entitled to have any part of the proceedings that was conducted in his absence reopened unless the Court is satisfied that because of exceptional circumstances it is in the interest of justice to reopen the proceedings.
Where an accused has absconded and the Court proceeds or continues with his trial, counsel for the accused may continue to act for the accused in the trial.
For the purpose of this section, “judgment” includes conviction, acquittal and sentence.