Mains Practice Questions for the Day
- Q. India–New Zealand relations are evolving from friendly ties into a structured strategic partnership. Discuss in the context of the roadmap to 2030.
- Q. Trial in absentia under the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks to prevent absconding accused persons from delaying justice. Examine its scope, safeguards and concerns in the context of fair trial
Q. India–New Zealand relations are evolving from friendly ties into a structured strategic partnership. Discuss in the context of the roadmap to 2030.
(GS Paper II – International Relations)
Introduction:
India and New Zealand share friendly relations based on Commonwealth links, democratic values, common law traditions and people-to-people ties. Diplomatic relations were established in 1952, while historical links go back to Indian soldiers fighting alongside ANZAC forces in Gallipoli in 1915. The announcement of the India–New Zealand Strategic Partnership: Roadmap to 2030 marks a shift from traditional goodwill to a structured strategic partnership.
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How the Roadmap Deepens the Partnership
- Political engagement:
The Roadmap institutionalises regular meetings between Prime Ministers, Foreign Ministers, Cabinet Ministers, parliamentarians and senior officials, giving continuity to bilateral cooperation. - Defence and maritime security:
It strengthens the 2025 Defence Cooperation MoU, naval exercises, maritime visits, hydrography cooperation and a Mutual Logistics Support Arrangement. - Indo-Pacific cooperation:
New Zealand’s engagement with India’s Indo-Pacific Oceans Initiative, especially the Maritime Security pillar, reflects shared interest in a rules-based Indo-Pacific and UNCLOS-based maritime order. - Counter-terrorism and cyber security:
The Roadmap provides for a Joint Working Group on Counter-Terrorism, cyber dialogue, narcotics control and law-enforcement cooperation. - Trade and economy:
It sets an aspirational target of doubling bilateral trade to NZ$7 billion by 2030 and supports progress on the India–New Zealand Free Trade Agreement. - Agriculture and primary industries:
Cooperation in horticulture, forestry, animal husbandry, dairying and food technology can support India’s agricultural productivity and post-harvest systems. - People and culture:
The Indian diaspora, forming nearly 5% of New Zealand’s population, acts as a cultural and economic bridge. - Multilateral cooperation:
New Zealand supports India’s candidature for a permanent seat in a reformed UNSC and India’s entry into the NSG.
Challenges
- Dairy-sector sensitivities may delay trade negotiations.
- New Zealand’s economic dependence on China may limit deeper strategic alignment.
- Limited direct air connectivity restricts tourism, education and trade.
- Labour mobility and transnational extremism concerns need careful handling.
Conclusion:
- The roadmap to 2030 transforms India–New Zealand ties into a more structured, strategic and Indo-Pacific-oriented partnership. Its success will depend on managing contentious issues while advancing cooperation in trade, maritime security, agriculture, technology, disaster resilience and people-to-people relations.
Q. Trial in absentia under the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks to prevent absconding accused persons from delaying justice. Examine its scope, safeguards and concerns in the context of fair trial
(UPSC GS Paper II – Polity, Governance, Criminal Justice Reforms, Internal Security)
Introduction:
Trial in absentia means a criminal trial conducted in the absence of the accused. It has gained attention after the Special NIA Court in Jammu issued a non-bailable warrant against Hafiz Saeed in connection with the Pahalgam terror attack investigation. Since such accused persons may evade Indian courts, Section 356 of BNSS, 2023 provides for trial in absentia in limited cases.
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Scope under BNSS
Under Section 356 of BNSS, if a person declared a proclaimed offender has absconded to avoid trial and there is no immediate possibility of arrest, the court may proceed with inquiry, trial and judgment in his absence.
However, this provision does not apply to every accused. It applies only to a proclaimed offender under Section 84 of BNSS. Under Section 84(4), a person may be declared a proclaimed offender if he is accused of an offence punishable with:
- Imprisonment of 10 years or more
- Life imprisonment
- Death penalty
Thus, trial in absentia is restricted to serious offences.
Change from CrPC
Under the earlier CrPC, provisions such as Section 82, Section 299 and Section 317 allowed proclamation, recording of evidence in absence of absconding accused, or exemption from personal attendance in limited cases.
However, the CrPC did not allow a full-fledged trial in absentia. As a result, many serious cases remained pending for years until the accused was arrested. BNSS addresses this gap.
Safeguards for Fair Trial
Section 356 provides important procedural safeguards:
- Court must record reasons in writing.
- Two consecutive arrest warrants must be issued with a gap of at least 30 days.
- Notice must be published in a local or national newspaper.
- The accused gets 30 days to appear.
- Notice must be displayed at the accused’s last known residence.
- A relative or friend must be informed.
- Trial cannot begin until 90 days after framing of charges.
- If the accused has no lawyer, the court must appoint a State-funded defence lawyer.
- Witness depositions may be recorded through audiovisual means.
- If the accused later appears, the court may allow cross-examination of witnesses.
Significance
Trial in absentia strengthens the criminal justice system by preventing accused persons from defeating justice through deliberate absence. It is especially useful in terrorism, cross-border conspiracy, organised crime and fugitive cases. It supports speedy trial, victim justice and national security.
Concerns
However, it also raises concerns. The accused may not be able to personally instruct counsel, challenge evidence or effectively participate in defence. State-appointed lawyers may face limitations in representing an absent accused. Hence, misuse must be avoided.
Way Forward
The provision should be used only in exceptional cases involving serious offences. Courts must strictly follow safeguards, ensure competent legal aid, preserve audiovisual records and allow meaningful cross-examination if the accused later appears
Conclusion:
Trial in absentia under BNSS is a significant criminal justice reform. It balances the need for speedy justice and national security with the accused’s right to fair trial. Its legitimacy will depend on strict judicial scrutiny and faithful adherence to due process.
