How are the proceedings for trial of a case commenced? Can an accused be dispensed with his personal attendance in Court?

Question: How are the proceedings for trial of a case commenced? Can an accused be dispensed with his personal attendance in Court?

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Answer

As per Section 204 of CrPC which deals with the issue of the process:

(1) If in the opinion of a Magistrate while taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be-

• a summons- case, he shall issue his summons for the attendance of the accused, or
• a warrant- case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.

Section 205 in the Code of Criminal Procedure, 1973 lays down a provision when Magistrate may dispense with personal attendance of the accused. The provision runs down as below:

• Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
• But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

Under this section, a Magistrate issuing summons may dispense with personal attendance of the accused. This Section covers every case in which a summon is issued. It is not confined to summons cases only. The Magistrate may direct the personal attendance of the accused at any stage of the proceedings. But if a warrant is issued against an accused person, his personal attendance cannot be dispensed with.

A relevant example is of a pardanashin lady. In criminal cases, pardanashin women are not as of right exempted from personal attendance at a Court. But, at the same time, the Court must reasonably use the discretion of granting such exemption under this section, after due consideration of all the attending circumstances including the social status, customs, and practice of the accused and the necessity of her personal presence having regard to the nature of the offence and the stage of the trial.

In the case of Rahim Bibi (1883) 6 All 59 where a Magistrate issued a summons to a pardanashin woman alleged to be of good position, who was accused of an offence, it was held-

the Magistrate should have dispensed with the personal attendance of the accused, and permitted her to appear by pleader, until such time as he had before him clear, direct and reliable prima facie proof that the accused had a real charge to answer.

The power conferred under the section is discretionary, and no hard and fast rule can be laid down as to the manner in which it is to be exercised. The Court is to exercise the discretion after looking into all the relevant circumstances like inconvenience likely to be caused to the accused if he is required to be absent from his vocation, profession, trade, occupation, or calling for attendance in Court, against prejudice likely to be caused if he does not appear.

The only person who can appear in a case in which the personal attendance of the accused is dispensed with is a pleader. The accused may appoint his manager to appear in his stead and plead and do other acts on his behalf.

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