In a first, trial in absentia begins today in Delhi against absconding gangster, Pg1

Key Highlights:

• A Delhi court has initiated the first-ever trial in absentia against absconding gangster Kapil Sangwan.
• The trial is being conducted under Section 356 of the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Sangwan is accused in two cases under the Maharashtra Control of Organised Crime Act (MCOCA), primarily related to an alleged extortion syndicate.
• He has been absconding since 2019, is believed to be in London, and was declared a proclaimed offender in May 2025.

Detailed Insights:

• The BNSS replaced the Code of Criminal Procedure (CrPC), introducing the provision for trial in absentia, which was not previously permitted for full trials.
• This new legal provision aims to prevent accused individuals from indefinitely delaying the judicial process by remaining absconding.
• Safeguards for conducting a trial in absentia under BNSS Section 356 include the accused being declared a proclaimed offender, having absconded to evade trial, and no immediate prospect of arrest.
• Procedural requirements involve issuing at least two Non-Bailable Warrants (NBWs) with a one-month gap, publishing a notice in a national newspaper, and informing relatives.
• A Red Corner Notice was issued against Kapil Sangwan in June 2021, and a legal aid counsel has been assigned to represent him.
• If convicted in absentia, the judgment will have the same legal force, and Sangwan would face direct imprisonment upon apprehension.

Key Concepts Involved:

• Trial in absentia: A legal proceeding where a defendant is tried in their absence, typically after being declared a proclaimed offender.
• Bharatiya Nagarik Suraksha Sanhita (BNSS): The new criminal procedure code in India, which replaced the Code of Criminal Procedure (CrPC).
• Maharashtra Control of Organised Crime Act (MCOCA): A special law enacted to combat organized crime and terrorism, applicable in Maharashtra and extended to Delhi.
• Proclaimed Offender: An individual against whom a court has issued a proclamation requiring their appearance, and who has failed to comply.