26/11 Mumbai Terror Attack Case: Prosecution Seeks Trial In Absentia Of Wanted Accused Including Hafiz Saeed Under BNSS

On August 18, 2026, the Mumbai police has requested the court to proceed with the trial of wanted accused in the 26/11 terror attack case, including Hafeez Saeed, even if they are not present in person, under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023. According to Section 356 of the BNSS, a court can conduct a trial against an accused person who is a proclaimed offender without their presence if they have waived their right to be prosecuted in person.

The 26/11 terror attack took place on November 26, 2008, when 10 Pakistani terrorists attacked Mumbai by sea route, killing 166 people and injuring several others. The Indian government had been seeking extradition of the wanted accused, but without success, leading to the prosecution's decision to proceed with the trial in their absence if they do not appear in court.

In June, the prosecution had already sought proclamation notice against the accused, and now it will submit a report on the proclamation in the next hearing. If the court determines that the accused will not appear before it, an order may be passed to conduct the trial against them in their absence. The Special Public Prosecutor, Ujwal Nikam, stated that the court may appoint a lawyer to represent the accused and conduct the trial in their absence.