A Jammu court has issued a non-bailable warrant against LeT chief Hafiz Saeed over his alleged role in the Pahalgam terror attack last year. The warrant was issued at the request of the National Investigation Agency (NIA).
Since Saeed is unlikely to appear before the court in India, NIA will be seeking to conduct his "trial in absentia"- a provision now included in the Bharatiya Nagarik Suraksha Sanhita.
The NIA filed a supplementary charge sheet on July 6, naming Saeed as the key conspirator for the Pahalgam attack that killed 26 people and triggered an armed conflict between India and Pakistan.
The NIA has also approached the Jammu court seeking an "open-dated non-bailable warrant" against Saeed to initiate further proceedings.
While issuing the warrant, the court noted that "arrest and custodial interrogation of Hafiz Saeed are necessary for a fair, complete and effective investigation."
According to sources, Pakistani officials are unlikely to respond to India's judicial requests. "Based on this NBW, we will seek to declare Saeed a proclaimed offender. It will be sent to Pakistan through formal channels, followed by a request to repatriate him," an official was quoted as saying by the Hindustan Times.
Even though Saeed is a UN-designated terrorist and multiple charge sheets have been filed against him in the past, he has never been tried as he never appeared before Indian courts.
NIA has concluded in its probe that the April 22, 2025, terror attack “involved religion-based targeted killings by the Pak-sponsored terrorists”. Of the 26 killed, 25 were Hindus.
What is a Trial in Absentia?
Under the old Criminal Procedure Code (CrPC), a criminal trial generally could not be finalised if the accused absconded, which frequently resulted in cases being dragged out for decades. Section 356 of the BNSS changes this entirely. It allows the court to proceed with an entire trial—and even deliver a final judgment and sentence—against an accused who is intentionally evading justice.
The government has introduced “inquiry, trial or judgment in absentia of proclaimed offender” under section 356 of the BNSS in the new criminal laws, primarily to facilitate the trial in absentia of fugitives, including Saeed and Dawood Ibrahim, as well as economic offenders like Vijay Mallya and Nirav Modi.
Who does the law apply to?
The law does not allow courts to try just anyone in their absence. It strictly applies only to a "Proclaimed Offender" (under Section 84 of BNSS) who has deliberately fled to evade trial, and where there is no immediate prospect of arresting them.
The 90-day rule
To prevent misuse, a court cannot immediately start a trial in absentia. The law mandates strict prerequisites that must be followed first:
*The court must issue two consecutive arrest warrants with an interval of at least 30 days between them.
*A notice must be published in a national or local newspaper circulating in the area of the offender's last known address.
*The court must inform a relative or friend of the accused about the upcoming trial.
*A copy of the trial notice must be pasted on a visible part of the accused’s home and displayed at the local police station.
*Even after doing all the above, the trial cannot start until 90 days have passed from the date the charges were officially framed.
