26/11 Mumbai Terror Attack Case: Prosecution Seeks Trial In Absentia Of Wanted Accused Including Hafiz Saeed Under BNSS
The prosecution in the 26/11 Mumbai terror case is seeking to proceed against wanted accused, including Hafiz Saeed, in their absence under Section 356 of the BNSS. The move follows continued failure to secure their extradition, with the court set to consider the proclamation process against the accused.
The prosecution is seeking to proceed against wanted 26/11 accused in their absence under the BNSS provisions | AI Generated File Image
Mumbai, August 18, 2026: The Mumbai police wants to prosecute the wanted accused in the 26/11 terror case, including Hafeez Saeed, in their absence even if they have not been extradited to India, under the new provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.
As per Section 356 of the BNSS, a court can conduct a criminal trial in the absence of an accused person who has been officially declared a proclaimed offender by the court. It means that the accused has waived their right to be prosecuted in person.
On November 26, 2008, 10 Pakistani terrorists arrived by a sea route and opened fire indiscriminately, killing 166 people, including 18 security personnel, and injuring several others, besides damaging property worth crores.
Prosecution Seeks To Move Ahead
The Indian government had been seeking to extradite the wanted accused, but since it has not yielded any positive result, the prosecution has now decided to continue to prosecute them in their absence if they fail to present themselves before the court.
The prosecution had in June already sought a proclamation notice against these wanted accused, and now it would submit the report on the proclamation in the next hearing.
"After considering our report, if the court considers that the wanted accused would not present themselves before the court, the court may pass an order to conduct the trial against these wanted accused in their absence," the Special Public Prosecutor Ujwal Nikam said.
Lawyer Can Represent Accused
In case the court orders to prosecute these wanted accused in their absence, the court can appoint a lawyer for the legal representation of the accused and conduct the trial in their absence. The lawyer appointed by the court would represent the accused and cross-examine the witnesses in the absence of the accused.
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"We will hence examine the relevant witnesses again to conduct the trial against them," Nikam added.
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