Govt proposes trial in absentia, ex parte conviction of fugitives

New Delhi: The government has proposed sweeping changes in current laws, including holding of trials in 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. Abetment of terrorist acts and organised crime by persons outside India have also been made punishable.

Mob Lynching and Snatching
The proposed changes have a provision for death sentence for individuals convicted of mob lynching. The provisions state when a group of fiver more persons commit a murder on ground of religion, race, case, community or other reasons, each member of the group shall be punished with death, a life sentence of imprisonment not less than seven years. In first ever provisions for snatching, the changes propose prison sentences of up to five years for offenses like stealing chains or mobile phones. The provisions under section 306 for theft have been expanded to cover idol and vehicle theft and such crimes concerning government property.

Women Rights
As part of the proposed changes, the government wants to bring in laws that will make punish men with imprisonment of up to 10 years for establishing sexual relations on false promise of marriage. It will also tighten provisions for punishment of gang rape of women. The changes state that anyone convicted for gang rape of a woman under the age of 18 years will serve life imprisonment till death.

Child Rights
A 10-year jail has been proposed for anyone bringing in a girl under the age of 21 and a boy under the age of 19 into the country with the intent of forced or seduced sexual acts has been proposed.

Hit and Run Cases
In case of an incident where a person injures of hits another on the road, they will have to present themselves and disclose the incident to a legal authority soon after the incident, else will be subject to punishment with a term that can extent up to 10 years.