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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) Where after the compliance with the requirements of section 87 and section 88, the Court has reason to believe that an accused person has absconded or 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 3[published in at least two national daily Bengali Newspapers 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.]
 
 
(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.

  • 1
    Sections 339B and 339C were inserted by section 24 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 2
    sub-section (1) was substituted, for sub-section (1) by the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 10
  • 3
    The words "published in at least two national daily Bengali Newspapers having wide circulation" were substituted, for the words and comma "notified in the official Gazette, and also published in at least one Bengali daily Newspaper" by section 6 of the Code of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991)
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