Delhi Police Makes Legal History: First In Absentia Murder Trial Under New Criminal Justice Framework

New Delhi: Delhi Police has made a groundbreaking legal move by implementing Section 356 of the Bharatiya Nagarik Suraksha Sanhita for the first time, allowing them to frame charges and proceed with trial against an absent murder accused, officials confirmed on Monday.

The charges have been framed against Jitender Mehto, who has evaded authorities for months following the murder of his former employer, 68-year-old Ramesh Bhardwaj, with both being Delhi residents.

Deputy Commissioner of Police (Outernorth) Hareshwar Swami reported that the investigation began on January 29 when Bhardwaj's daughter filed a missing person report, stating her father had not returned after departing for Narela on his scooter the previous day.

Investigators quickly identified Bhardwaj's former servant Mehto as the primary suspect, noting his disappearance coincided with the victim's. Evidence showed Bhardwaj had received Rs 4.5 lakh as partial payment for a land sale shortly before vanishing and was last seen with Mehto. Witnesses confirmed the victim frequently visited the suspect's rented residence.

Authorities conducted extensive searches across multiple Delhi localities including Azadpur, Mukundpur, Narela, and Rohini. Despite analyzing call records, movement patterns, and location data, they could not locate the suspect.

When conventional methods proved unsuccessful, investigators turned to digital surveillance. On February 12, they tracked Mehto's 19-year-old son Abhishek alias Vishal through his Instagram activity.

During questioning, Abhishek allegedly admitted his father murdered Bhardwaj on January 28 and that he helped dispose of the body. He also implicated the victim's son, Love Bhardwaj, claiming he was involved due to an ongoing dispute with his father.

Following Abhishek's disclosure, police recovered Bhardwaj's decomposed body from a city drain, stuffed in a gunny bag.

Despite multiple search operations, Mehto remained at large. The court issued a non-bailable warrant against him on March 25 and declared him a proclaimed offender on July 11. Police filed charges on August 25 and requested permission to begin trial in his absence.

The court subsequently invoked Section 356 of the Bharatiya Nagarik Suraksha Sanhita, a new provision enabling inquiry, charge framing, and trial against missing proclaimed offenders in serious cases. Charges were also filed under relevant sections of the Bharatiya Nyaya Sanhita.

The November 18 order represents the first application of this BNSS provision in Delhi.

Officials explained that this provision prevents accused individuals from obstructing justice by absconding. It addresses a significant gap in the former Code of Criminal Procedure (CrPC), which did not allow serious trials to proceed without the accused being present.

"This landmark order ensures that those attempting to derail justice by absconding can still be brought to trial. It represents a decisive step in strengthening accountability under the new criminal justice framework," DCP Swami stated.