According to new norms, a person accused of a crime can be tried and convicted in his absence, as if he was present in court and has waived his right to a fair trial. Earlier, the Code of Criminal Procedure (CrPC) provided for recording evidence in the absence of the accused but did not permit a trial in absentia. The BNSS, which replaced CrPC, brought the provision for the first time.

“In simple terms, this means that an accused who deliberately remains absconding and evades the judicial process cannot indefinitely hold up the trial merely by staying away,” said advocate Samridhi Dobhal, who is associated with the office of the Special Public Prosecutor.

In his order of July 9, Judge Gogne had said: “The court finds that the safeguards provided under section 356 (2) for trial of an absconding accused in absentia have been suitably addressed by the State…there is no impediment to the furtherance of the proceedings by way of considering charge.”

The order stated: “Since all accused except one are in custody, the court deems it appropriate that submissions on charge are heard on a day to day basis from 27.07.2026 till 07.08.2026. For the present, it is directed that the prosecution shall conclude its arguments on 27.07.2026 and 28.07.2026.”

However, Judge Gogne was on leave on July 27 and 28. On Wednesday, the Judge agreed to a request from lawyers representing Delhi Police that they would commence arguments from Thursday because Special Public Prosecutor Akhand Pratap Singh was occupied with another matter.

Sangwan was granted interim bail in another MCOCA case registered in 2019. Following bail, he failed to surrender and has been absconding ever since.

In the extortion racket case to be heard Thursday, the trial in absentia comes after the Delhi Police Crime Branch and the court tried to get Sangwan to appear or join the investigation multiple times. Two NBWs (non-bailable warrants) were issued against him in June and July 2026.

In the July 9 order, Judge Gogne had said: “It is seen that the NBWs could not be executed and his house (in Najafgarh) was found to be locked. It is also reported that the said accused has not been seen at the premises in question for a long time.”

The Crime Branch also published a notice in a national newspaper regarding Sangwan’s absence. They also reached out to a relative and gave an affixation regarding the commencement of the proceedings.

“The significance of this order is that an absconding accused cannot be allowed to frustrate the criminal justice system simply by remaining beyond the reach of the law. To allow the application of trial in absentia, there is a minimum requirement of two NBWs against an accused and there should be a gap of one month between both NBWs,” advocate Dobhal said.

“Of course, this is not an automatic process. The law provides several safeguards and requires the court to first satisfy itself that all the prescribed steps have been complied with. Once those requirements are fulfilled, the court can proceed with the trial even in the physical absence of the accused,” she said.

Sangwan, meanwhile, faces over two dozen other cases related to extortion, land grabbing, and murder in Delhi and Haryana.

He was arrested in 2016 and remained in jail until 2019, when he was granted parole for a month. During that period, his associates organised a grand party at a farmhouse, built on encroached government land, in Najafgarh. Although the Crime Branch raided the event and arrested 22 people, Sangwan could not be found. A Red Corner Notice was issued against him in June 2021.

Sangwan was also allegedly involved in the murder of Haryana INLD leader Nafe Singh Rathee in February 2024. The killing is believed to be linked to his gang rivalry with jailed gangster Manjeet Mahal.

On July 9, Special Judge Gogne directed that a legal aid counsel be assigned by the Delhi Legal Services Authority (DLSA) to represent the gangster in the MCOCA case. As of today, Sangwan does not have a lawyer.

Advocate Hritwik Maurya, who is also associated with the office of the Special Public Prosecutor, said: “If he’s convicted and judgement is passed by the trial court sentencing him under the provisions of MCOCA, and as such a situation arises where he is apprehended at a later stage, he will be directly sent to imprisonment to satisfy the sentencing judgement passed by the trial court since trial in his absence has already been concluded.”

Former MLA and AAP leader Naresh Balyan was also booked under MCOCA in this case for his alleged links with Sangwan. Balyan, a two-time MLA from Uttam Nagar (2015 and 2020), was arrested in December 2024 and is in custody.

Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023. Professional Background Education: Nirbhay is an economics graduate from Delhi University. Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories. Specializations: He has a specific interest in data stories related to courts. Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials. Recent notable articles In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories. 1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.  2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation. 3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police. Signature Style Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public. X (Twitter): @Nirbhaya99 ... Read More

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