1.
Introduction
Criminal
Procedure Code has provided that an accused can be exempted from personal
appearance during trial before court. For example, Section No. 205 of this code
has provided that magistrate can dispense with personal appearance of accused
when he sees reasons to do. Similarly Section No. 540-A of this code has also
provided that magistrate can dispense with personal appearance of accused when
such accused is incapable of remaining before court and such accused is
represented by pleader.
2.
Relevant Provisions
Section
205 and 540-A of Cr.P.C (Criminal Procedure Code)
3. Exemption for accused from Personal appearance during trail in Court
Followings
are grounds under which accused can be exempted from personal appearance during
trial in court.
i.
Medical Ground
On
medical ground, accused can be exempted from personal appearance during trial
in court.
ii.
Stay Abroad
If
accused is staying abroad and it is not possible for him to appear in person
during trail in court, court can dispense with his personal appearance during
trial.
iii.
Earnings Abroad
When
accused is staying abroad to make earnings and it is not possible for him to
appear in person during trial in court, court can dispense with his personal
appearance during trial.
iv.
Departure From country
If
accused is to depart country due to that reason, which can satisfy court that
accused would not be able to remain before court during trial, he can be
exempted from personal appearance during trial.
v.
Departure from Station
When
accused is to depart station due to the reason, which can satisfy court that
accused would not be able to remain before court during trial, he can be
exempted from personal appearance during trial.
vi.
Presence of No Use
If
presence of accused is of no use during trial to provide justice in its true
meanings, court can dispense with his personal appearance during trial.
vii.
Difficult Movement
When
it is difficult for accused to approach court on every date of trial and it is
due to uncertain circumstances, he can be exempted from personal appearance
during trial.
viii.
Official Duty
If
it is difficult for accused to remain before court on every date of trial and
it is due to his official duty, court can exempt him from personal appearance
during trial.
ix.
Physical Disability
When
accused is suffering from that physical disability due to which it is difficult
for him to remain present before court on every date of trial, he can be
exempted from personal appearance during trial.
Conclusion
To
conclude, it can be stated that case can be tried in absence of accused. Courts
have power to exempt accused to appear personally and allow his pleader to
appear in his place if sufficient cause is shown in case. It reveals that some
certain conditions should be met before granting of such exemption from
personal appearance.
It is a beautifully carved article but it would be icing on the cake if this article is read with the General Principle of Criminal Law:
ReplyDeleteThat According to Sec 353 of Cr.P.C Evidence to be taken in presence of accused: Except as otherwise expressly provided, all evidence taken under Chapters XX, XXI, XXII and XXIl-A shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in presence of his pleader.
Very good article. This is very well-written. I have learned many things in Law here that I did not know.
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