Sunday, 23 December 2012

exemption of personal appearance of accused

Provision for inquiries and trial being held in the absence of accused in certain cases.
Sec.317 of criminal Procedure 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 and 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.

1 comment:

  1. Hawaii Criminal Lawyers OR Hawaii DUI professionals will sometimes offer a free consultation to discuss the matters that pertain to your case but it's crucial to get advice as soon as possible. The sooner the better, as your lawyer will then spring into action to gather evidence to build a case to protect you in court. Although the experience may seem like a nightmare, it's important not to panic. An experienced legal representative will know what to do as he or she has handled many cases. Your lawyer will leave no stone unturned.