State the provision in the Code for inquiries and trials being held in the absence of the accused.

Question: State the provision in the Code for inquiries and trials being held in the absence of the accused.

Find the answer only on Legal Bites. [State the provision in the Code for inquiries and trials being held in the absence of the accused.]

Answer

Section 317 of the Code of Criminal Procedure, 1973 provides for inquiries and trials being held in the absence of the accused person in certain cases. It empowers the Magistrate, at any stage of inquiry or trial for reasons to be recorded, to exempt attendance of the accused. There is not any impediment in the power of the Magistrate to consider the application of the accused of their exemption from personal appearance.

It is only if the Judge or Magistrate is satisfied that:

• the personal attendance of the accused before him is not necessary for the interests of justice or
• the accused persistently disturbs the proceedings, then where he is represented by a pleader his personal attendance may be dispensed with.

If it appears to the Court that personal attendance could result in enormous hardship and cost to the accused, the Court may dispense with his personal attendance either throughout or at any particular stage of the trial, after taking an undertaking from him that he would not dispute his identity as the particular accused in the case and that a counsel on his behalf would be present in Court and he would have no objection in the taking of evidence in his absence.

The main concern of the Court in the administration of criminal justice and for that purpose; the Court proceedings should register progress. However, the discretion to dispense with the personal attendance should be exercised in rare cases due to distance or any physical disability, or some other good reason.

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