Leh, Dec 09: The Union Territory Administration in Ladakh has widened the scope of legal action against absconders, extending Section 356 of the Bharatiya Nagarik Suraksha Sanhita 2023 to persons declared proclaimed under Section 84(1) of the same law.
The order, released by the Home Department under S.O. 146, reinforces legal procedures for dealing with absconding or proclaimed offenders within the UT.
Exercising the powers granted under sub-section (8) of Section 356 of the BNSS, the Lieutenant Governor of Ladakh has approved the extension, thereby enabling authorities to take further action as prescribed under the law in cases where individuals evade court summons or legal processes.
Section 356 deals with measures relating to attachment, custody, or disposal of property of proclaimed persons, enhancing the state’s ability to enforce judicial orders effectively.
The notification marks a significant administrative move aimed at strengthening legal enforcement across Ladakh by ensuring that those declared as proclaimed offenders cannot escape the consequences mandated under the newly implemented criminal procedure framework.
This step aligns Ladakh’s enforcement mechanisms with the broader mandate of the BNSS 2023, which replaced earlier criminal procedure provisions nationwide.
The order was issued by Dr. Pawan Kotwal, IAS, Chief Secretary and Administrative Secretary of the Home Department, underscoring the administration’s commitment to ensuring compliance with the updated national legal system.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a new Indian law that replaces the old Code of Criminal Procedure (CrPC), 1973, aiming to modernize India’s criminal justice system with technology (like video conferencing) and faster, victim-focused processes, mandating forensics for serious crimes (7+ years jail) and allowing trials in absentia for absconders, coming into effect from July 1, 2024.
It’s part of three new criminal codes (with BNS and BSA) designed for swift, transparent, and tech-driven justice.
Salient features of BNSS; Specific timelines for investigation and trial : BNSS prescribes specific timelines for different aspects of investigation and trial in order to ensure speedy justice.
FIR Registration: FIR to be recorded within three days for complaints submitted through electronic communication, expediting the initial phase of criminal cases.
Medical Examination Reports: Medical examination reports of rape victims to be forwarded within seven days to the investigating officer, ensuring timely collection of crucial evidence.
Victim, Informant Updates: Regular updates to victims/informants about status of investigation within 90 days, fostering transparency and keeping stakeholders informed.
Framing Charges: Competent magistrates required to frame charges within 60 days from first hearing on charge.
Trial in Absentia: Courts empowered to initiate trial in absentia against proclaimed offenders after 90 days from charge framing, expediting proceedings and ensuring timely delivery of justice to victims and society.
Judgment Pronouncement: Criminal court to pronounce judgments within 45 days post the trial’s conclusion, ensuring a prompt legal resolution.
Uploading of Judgment: Criminal court to upload judgment within seven days from the date of pronouncement on their portal, providing easy access to litigants.
