Accused's presence
Arvind Singh Chauhan
(Querist) 07 January 2012
This query is : Resolved
Whether accused's presence is mandatory in appeal before session court. Generally exemption is asked in session court for presence of accused. If Yes why not in High court or supreme court also.
If Not please refer the provision or law.
Chanchal Nag Chowdhury
(Expert) 07 January 2012
S 205 of the CrPC. grants exemption to an accused from personal appearance. To take advantage of the section, an application has to be made to the court.
Shonee Kapoor
(Expert) 07 January 2012
During appeal period the accused's presence is not must.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 07 January 2012
Presence of accused is not mandatory in sessions courts.
Rajeev Kumar
(Expert) 07 January 2012
Presence of accused is not mandatory in session court
Raj Kumar Makkad
(Expert) 07 January 2012
The personal presence of the accused persons is not required under any law either before Sessions Judge or in further appeal before High Court and Supreme Court unless specifically directed by concerned court.
Devajyoti Barman
(Expert) 07 January 2012
In appeal the presence of the accused is not pressed for.
Arvind Singh Chauhan
(Querist) 08 January 2012
Thanks Sir it means it is court's discretion to direct him for his appearance. But if no direction is issued or there is first date of hearing after filing appeal,we have to move exemption or not ?. Generally exemption is sought without any direction like trial court, Otherwise session court issues warrant.
prabhakar singh
(Expert) 08 January 2012
yeah! you are right.Unless you seek exemption it would not be granted or refused and then one has to put appearance.
M/s. Y-not legal services
(Expert) 09 January 2012
no., not like that.,
in appeal there will not be trial formalities., only both side arguments., so accused's appearance is not necessary.,
-tom-
Krishnamurthy Ramdas Iyer
(Expert) 08 January 2012
