The Code of Criminal Procedure (Jharkhand Amendment) Act, 2020

(1) This Act may be called the Code of Criminal Procedure (Jharkhand Amendment) Act, 2020 (2) It extends to the whole of the State of Jharkhand (3) It shall come into force from the date of its publication in the official gazette.

The existing provision of sub section (1) of Section 299 of the Code of Criminal Procedure, 1973 (hereinafter referred as the Code) alongwith its heading shall be substituted as follows:-

"299. Inquiry and Trial in absence of accused :- (1) Notwithstanding anything contained in the Code, if it is proved that an accused person has absconded, and there is no immediate prospect of arresting him, trial of the case shall proceed in absentia in the Court of competent jurisdiction for the offence complained of and the Court shall not be bound to recall or rehear any witness, whose evidence has already been recorded or to reopen proceedings already held, but may act on the evidence already produced or recorded and continue the trial from the stage which the case has reached and pronounce Judgment at the conclusion of the trial.

Provided that the Court may assign a pleader for the defence of the absconding accused at the expense of the State.

Explanation : The trial in absentia shall include framing of charges or explaining the substance of accusation, as the case may be against the absconding accused"

After above sub section (1) a new sub section shall be inserted in the Code as follows:-

"(1) A - Notwithstanding anything contained in the Code, where a person accused of an offence and released on bail or on bond with or without sureties, fails to appear in Court without any sufficient cause in accordance with the terms of the bail or bond, the Court may after service of summons to the accused proceed with the inquiry or trial in his absence and the Court shall not be bound to recall or rehear any witness, whose evidence has already been recorded, or to reopen proceeding already held, but may act on the evidence already produced or recorded and continue the trial from the stage which the case has reached and pronounce judgement at the conclusion of trial."