The 26/11 terror attack prosecution is preparing to seek trials in absentia against absconding accused under the BNSS, reports said. The provision allows courts to proceed against proclaimed offenders who are unavailable for trial. Special Public Prosecutor Ujwal Nikam said the move could pressure Pakistan to act, while critics called it a potentially ineffective legal exercise.

26/11 Case: India May Seek Trial Of Absconding Terror Accused In Absentia Under New Law, Experts Question Practical Impact | AI

Mumbai: The prosecution in the 26/11 terror attack case is gearing up to conduct the trial against wanted absconding accused in their absence, a move seen as potentially helping India mount pressure on Pakistan to act, but also viewed as an academic exercise.

BNSS Provision Allows Trial In Absence

Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) empowers investigating agencies to approach the court to conduct the trial of an absconding accused in their absence.

Under the provision, the prosecution can seek such a trial if the accused has been declared a proclaimed offender. If the court permits the trial, the accused is deemed to have waived the right to be present and face the proceedings. The court then appoints a lawyer from the legal aid panel to represent the accused.

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Provision Could Target Wanted Terror Accused

The new provision could help India conduct trials against wanted accused linked to several terror attacks in the case, including Dawood Ibrahim.

Special Public Prosecutor and Rajya Sabha MP Ujwal Nikam said the provision would help India mount pressure on Pakistan to act. “So far Pakistan has done nothing against the accused involved in the attack,” Nikam said.

Former Supreme Court judge Santosh Hegde said, “This would be a difficult situation when the accused is with the country with which India doesn't have a treaty or refuses to extradite the accused. The person would forever be out of the reach of the law”.

Meanwhile, a senior special public prosecutor opined that it may end up as a futile exercise and a waste of judicial time and money, because ultimately the chances to bring these accused are very slim.

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