Print View

[Section Index]

The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

Chapter XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Trial in absentia

1[339B. 2[(1) Notwithstanding anything contained in section 87 and section 88, where the Court has reason to believe that an accused person has absconded or is 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 one national daily Bangla Newspaper 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:

Provided that the Court may, in addition, direct that the order for appearance of the accused be published on the official website of the District and Sessions Judge Court, the Chief Judicial Magistrate Court, the Chief Metropolitan Magistrate Court, the office of the Deputy Commissioner, the Bangladesh Police, or any other government website having wide public accessibility.]

 

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.


Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs