Dispense with appearance of accused in Criminal Trails

 

Statue

1. 317(1) of Code of Criminal Procedure, 1973
1. At any stage of an inquiry or trail under the code, if the Judge/Magistrate is satisfied for reasons to be recorded, that personal attendance of the accused before the court is not necessary in the interest of justice, the Judge/Magistrate may if the accused is represented by a pleader, dispense with this 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. High Court & Session court - 482 CrPC

Important Points

1. Normal Rule of Evidence - Case shall be taken in the presence of the accused.
2. However even in absence of the accused, evidence can be taken but then his counsel should be present 
3. It is discretionary power to exempt the personal appearance 
4. Petitioner take a undertaking that he would appear before the trail court on all hearing dates as specifically directed by that court.

Questions

1. Accused on BAIL be allowed to GO ABROAD for his employment?

Ans : Yes, Right of the accused to carry on his occupation cannot be curtailed while ensuring the culmination of legal process.

If court is satisfied that, in the interest of justice, the personal attendance of an accused before it need not be insisted on, then court has power to dispense with his attendance. 

2. What can be Conditions to travel abroad on Bail?

Ans : he should file affidavit in the concerned Magistrate Court that he would appear before that court as and when required by the Court.  

            He should engage a counsel to appear before the trail court

  The affidavit should also undertake that the counsel engaged by him would appear before the trail court on his behalf on each and every date of hearing.

The Petitioner SHALL NOT object to the recording the evidence in his absence.

No adjournment shall be asked for on his behalf. 

 

 

        

Case Laws

1. Bhaskar Industries Limited Vs Bhiwani Denim and Apparels Limited : AIR 2001 SC 3625
1. Precaution which court should taken while dispensing with appearance 
2. Undertaking by applicant that he WOULD NOT dispute his identity as the particular accused in the case
3. Counsel on his behalf would be present in court and that he has no objection in taking evidence in his absence.
2. Puneet Dalmia Vs C.B.I : AIR 2020 SC 214
1. Apex Court observed
2. However, the principles for grant of exception as observed by this court in the case of Bhaskar Industries Limited ( Supra) can be made applicable to the facts of the case on hand also and the appellant can be granted the exemption on certain conditions and on filing an undertaking by the appellant, by which the interest of justice can be protected and grant of exemption may not ultimately affect the conclusion of the trail at the earlier"
3. Noorjahan Vs Modeen : 2000 (2) KLT 756
1. Apex Court held 
2. Court has the discretionary power to exempt the personal appearance of the accused even in warrant cases and to have the plea of the accused recorded through this counsel, who is specifically authorised for that purpose.
4. Raju Vs State of Keral ( 2009 3 KHC 14 )
1. Offence alleged against Petitioner are punishable u/s 498A, 506(i) IPC
2. There will not be any need for the prosecution witness to identify him in the court as the offender. If the petitioner undertakes that he would appear before the trail court on all hearing dates as may be specifically directed by that court, he can be exempted from personal appearance before the court and he can be allowed to be represented through consul and permission can be granted to him to leave the country for employment.

Sources