Patna: Bihar has initiated proceedings under the ‘trial in absentia’ mechanism to expedite the disposal of more than 51,000 pending cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, officials said.
Under the procedure, courts can conduct trials and pronounce judgments in the absence of absconding accused persons who have been declared proclaimed offenders, subject to the conditions prescribed under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The state is the first in the country to initiate court proceedings under this mechanism, which was introduced in December last year.
In cases punishable with imprisonment of 10 years, life imprisonment or the death penalty, where the accused has absconded and been declared a proclaimed offender by a special court, a written request will be submitted to the court to initiate trial in absentia.
A review meeting conducted by the Directorate of Prosecution found that 671 cases were awaiting police papers and 516 were pending at the stage of framing of charges in special courts across the state.
Further, 288 cases were pending at the defence evidence stage, 379 at the arguments stage and 67 at the judgment stage. Prosecution officials have been directed to ensure the speedy disposal of the identified pending cases within two months.
The review also highlighted discrepancies in conviction figures reported in monthly statements submitted by district magistrates and superintendents of police. Officials have been instructed to reconcile the figures before submitting reports.
The Directorate of Prosecution has also sought lists of court personnel responsible for ensuring the timely appearance of witnesses. Details of witnesses failing to appear must be shared with district police chiefs and the Additional Director General of Police overseeing the Crime Investigation Department’s Weaker Sections division.
Officials have further been directed to file appeals against acquittals in contested cases.
The BNSS provision allows proceedings to begin after a mandatory waiting period of 90 days from the date of framing of charges if the accused has absconded to evade trial and there is no immediate likelihood of arrest, according to the report.
