In a first, a Delhi court will start hearing arguments Thursday against Kapil Sangwan, a gangster accused in two cases under the Maharashtra Control of Organised Crime Act (MCOCA), in absentia — or, in his absence. Sangwan has been declared absconding and is believed to be in London.In an order issued on July 9, Special Judge Vishal Gogne of Rouse Avenue Court permitted the trial to proceed in “absentia” under Section 356 (Inquiry, trial or judgment in absentia of proclaimed offender) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).The trial pertains to one of the two MCOCA cases against Sangwan, related to his alleged role in running an extortion syndicate.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.”Story continues below this adHowever, 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.”Story continues below this adThe 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.Story continues below this adHe 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.”Story continues below this adFormer 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.