Section 205 CrPC: Magistrate’s Discretion to Dispense with Accused’s Personal Attendance

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Section 205 CrPC: Magistrate’s Discretion to Dispense with Accused’s Personal Attendance

1. Code:

Section 205 of the Code of Criminal Procedure, 1973 (CrPC) deals with the magistrate’s power to dispense with the personal attendance of the accused in certain cases.

2. Explanation:

This section empowers a Magistrate to dispense with the personal attendance of an accused person in certain circumstances. This power is discretionary, and the Magistrate must consider the facts and circumstances of each case before making a decision.

3. Illustration:

Imagine a scenario where an accused person is charged with a minor offense like a traffic violation. The Magistrate, considering the nature of the offense and the accused’s previous record, may decide that their personal attendance in court is unnecessary. In such cases, the Magistrate can order the accused to appear through their lawyer or submit a written statement instead.

4. Common Questions and Answers:

  • Q: What are the circumstances under which a Magistrate can dispense with the accused’s personal attendance?
  • A: The Magistrate has the power to dispense with the accused’s personal attendance when:
    • The accused is a woman or a child.
    • The accused is seriously ill or disabled.
    • The offense is minor.
    • The accused’s attendance is likely to cause undue hardship or inconvenience.
    • The accused is residing in a remote area and traveling to court would be difficult.
  • Q: Can the accused object to the Magistrate’s decision to dispense with their personal attendance?
  • A: Yes, the accused can object to the Magistrate’s decision. The Magistrate must consider the accused’s objections before making a final decision.
  • Q: What are the consequences of dispensing with the accused’s personal attendance?
  • A: When the accused’s personal attendance is dispensed with, they may have to appear through their lawyer or submit a written statement. However, they are still considered to be part of the proceedings and have the right to participate in the trial.
Also Read  Section 338 CrPC: Procedure for Releasing Lunatic Declared Fit
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