This document discusses trials conducted in the absence of the accused, known as trials in absentia. It begins by outlining international law standards for the right of the accused to be present at trial according to the ICCPR and ECHR. It then examines provisions for trials in absentia under Bangladeshi law, including sections 339B of the Code of Criminal Procedure, section 21 of the Prevention of Oppression Against Women and Children Act, and section 27(6A) of the Special Powers Act. The document analyzes several court cases related to trials in absentia in Bangladesh and concludes that while beneficial under certain circumstances to prevent absconding, conducting speedy trials, and avoiding deterioration of evidence, trials in absentia must still comply

1. Presentedby-
Name: Manjare HassinRaad
ID: 191100047
CourseTitle: Laws on
Criminal Procedure I
CourseCode: Law 315

2. Latin for “in
the absence”
Basic Concept of Trial
in absentia

3. Article 14(3)(d) International
Covenant on Civil and Political
Rights (ICCPR), 1966
• person facing a criminal charge
• has the right to be informed of
the charges
• tried in his own presence
Article 6(3) European Convention
on Human Rights (ECHR), 2003
• the right of a person to be
notified promptly
• in a language he understands
• in detail, of the nature and cause
of the accusation against him
• to defend himself in person or
through legal assistance
Provisions of Trial in absentia in International
Perspective

4. Provisions of Trial in absentia in Bangladesh
Perspective
Section 339B The Code of
Criminal Procedure, 1898
• the Court has reason
to believe
• the accused is
absconding
• the Court shall direct
such person to appear
before the Court
• if such person fails to
comply with such
direction
• he shall be tried in his
absence
Section 21 The Prevention of
Oppression Against Women
and Children Act, 2000
• the Tribunal has reason to
believe
• the accused is absconding
• no possibility of his
immediate arrest
• the tribunal may direct the
accused to appear before
the tribunal within 30 days
• if such person fails to comply
with such direction
• he shall be tried in his
absence
Section 27(6A) The Special
Powers Act, 1974
• the Special
tribunal has
reason to believe
• the accused has
absconded
• he shall be tried
in his absence
after he fails to
appear before the
Tribunal

5. • Petitioner absconded after obtaining
bail
• Held by AD that no illegality holding the
trial in absentia without making any
gazette notification
Nurul Absar V
State 16 MLR
423
• Appellants tried in absentia were in
custody of another case with no fault
• Prayer for fresh trial not entertainable
• Held by AD that on merit of not guilty
and got acquittal
Muslim V State
47 DLR 185
• Accused absconded but did not publish
the notice in any newspaper
• Held that such failure is violated sec.
339B (CRPC) and principles of natural
justice
Moktar Ahmed V
Haji Farid Alam
42 DLR 162

6.  An important principle of law
which is beneficial under specific
circumstances
 Deterioration of evidence
which is an excellent merit
 Potential for preventing the
accused from absconding the
criminal justice
 Conducting speedy trials to
prevent judicial backlog and
pendency of cases
Trial in Absentia