Code
(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
STATE AMENDMENT
Gujarat
In the principal Act, to section 317, the following Explanation shall be added, namely: —
“Explanation:–For the purpose of this section “Personal attendance of the accused” shall include his attendance through the medium of Electronic Video Linkage as provided in section 273.”.
[Vide Gujarat Act 31 of 2017, s. 6.]
Explanation
This section allows the legal process to move forward even if the accused is not present, under certain circumstances.
- Accused must be duly summoned: The court must be convinced that the accused received proper notice of the proceedings.
- Absence must be unjustified: The accused’s absence must not be due to any reason beyond their control.
Illustration: CrPC Section 317
Imagine a case where a person is accused of theft. They are duly summoned to appear in court, but they choose not to attend. In this case, the court can proceed with the trial in their absence.
Common Questions & Answers
Q: Can the trial proceed in the absence of the accused if they are sick?
A: No. The trial cannot proceed if the accused is genuinely unable to appear due to illness, and they have provided proof of it.
Q: Can the accused be convicted in their absence?
A: Yes, if the court finds sufficient evidence against them, the accused can be convicted even if they are absent.
Q: What happens if the accused appears later in the trial?
A: The court can allow the accused to participate in the proceedings at any stage, depending on the circumstances.
