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    Wednesday, 2 December 2015

    Exception for Accused from Personal Appearance in Court

    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.
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    2 comments:

    1. Adv Muhammad Shoaib Mardan10 December 2015 at 05:41

      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:
      That 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.

      ReplyDelete
    2. Very good article. This is very well-written. I have learned many things in Law here that I did not know.

      ReplyDelete

    Item Reviewed: Exception for Accused from Personal Appearance in Court Rating: 5 Reviewed By: Usman Ali
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