Govt proposes trial in absentia, ex parte conviction of fugitives

economictimes.indiatimes.com:

absentia and ex parte conviction of fugitives as part of an overhaul of the existing penal code that will go through the parliamentary process of approval. In the proposed changes, the government has included strict action for mob lynching and snatching, as well as a 10-year jail for sexual relations on false promise of marriage.Organised Crime Under the proposed changes, the government is looking to create a mechanism for ex parte trial and conviction of fugitives and absconders.

The provisions are to ensure that the courts will not stop trials in any manner even in cases where the accused is a permanent fugitive without any possibility of arrest in the near future. The courts are to proceed with trail as if the absconder is present and pronounce judgement, which the government believes will cover criminals operating across states and evading arrest.

A new section of trial in absentia has been proposed for persons who are proclaimed offenders. The provisions state that in case the offenders are missing, trials will start within three months of framing of charges and the state will provide an advocate for the accused tried in absentia.

It also proposes to broaden the scope of who can be declared proclaimed offenders, adding crimes like rape and human trafficking that carry a legal mandate of imprisonment of 10 years or more. Terrorism Under new sections on terrorism, the bill proposes that anyone involved directly or indirectly in a terrorist act will be treated as a terrorist. It also will treat any entity owned or managed by such individuals as a terrorist organisation.