India's justice system has just cleared a legal first. A special judge at Delhi's Rouse Avenue Court, Vishal Gogne, has ruled that the trial against fugitive gangster Kapil Sangwan, alias Nandu, will proceed even though he is not present in court. It is the first time a fugitive accused has been allowed to be tried in absentia in this manner, a move that could reshape how Indian courts deal with runaway criminals going forward.
Sangwan is an accused in a case registered under the Maharashtra Control of Organised Crime Act, or MCOCA. He had walked out on bail, but vanished soon after and has reportedly been living in London ever since. He has already been declared a proclaimed offender, with a bounty announced for information leading to his capture. Until now, cases like his would simply stall because the law required the accused to be present for the trial to move forward. This order changes that.
How the new provision changes criminal trials
In an order dated July 9, Judge Vishal Gogne invoked Section 356 of the Bharatiya Nagarik Suraksha Sanhita, or BNSS, which deals with investigation, inquiry or trial in the absence of a proclaimed offender. No such provision existed under the earlier sections of the Indian Penal Code, which is why cases against absconding accused frequently reached a dead end. Under the new rule, a person can now be tried, and even convicted, without being physically present in court. The law treats it as though the accused had appeared before the court and chosen, of his own will, to give up his right to a fair hearing by staying away.
Who is Kapil Sangwan, alias Nandu
Kapil Sangwan, alias Nandu, hails from the Najafgarh area of Delhi and has featured on police wanted lists for a long time. According to the Delhi Police, he faces serious allegations including murder, attempt to murder, extortion, robbery and organised crime. He walked out on parole in 2020, but is alleged to have then fled the country using a fake passport. Police believe he has continued to run his gang from the United Kingdom ever since.
The five major crimes linked to Kapil Sangwan
Delhi Police records show multiple murder cases registered against Sangwan, and he has remained wanted in connection with gang war disputes across Delhi and the surrounding National Capital Region.
He has also been named in several extortion cases, accused of demanding crores of rupees from Delhi based businessmen, builders and property dealers. Police say he issued threats and collected extortion money over phone and internet calls made from abroad.
In February 2024, after the murder of Haryana INLD leader Nafe Singh Rathi, a claim of responsibility for the killing surfaced on social media under Kapil Sangwan's name. That angle is also still under investigation.
In April 2025, following the murder of a property dealer in West Vihar, a social media post claiming responsibility in Kapil Sangwan's name appeared again. Police are probing this case as well.
According to the Delhi Police, several organised crime cases, including one under MCOCA, are registered against him. Police allege that his gang has remained active in supplying weapons, waging gang wars and running extortion rackets.
