Exemption from appearance in Court

Querist : Anonymous (Querist) 10 June 2010 This query is : Resolved
Sir,

Whether the accused can seek exemption from appearance in Court, before the framing of charges, in a criminal case?
what are the grounds for granting such exemption?
Kindly enlighten the relevant provisions of Crpc

Follow Query

Report Abuse

Devajyoti Barman (Expert) 10 June 2010
The exemption from making personal appearance can be granted both at the time of inquiry and trial by the court under section 317 and 205 of Crpc.
The physical indisposition is generally the ground apart from employment related constraints.The grounds may be more.

adv. rajeev ( rajoo ) (Expert) 11 June 2010
for the day he can seek u/s 317 of cr.p.c. Only on the extreme conditions of the accused permanent exemption can be granted

G. ARAVINTHAN (Expert) 11 June 2010
Rajeev sir is right. Accused must be present on each and every hearing unless they have physical indisposition.

But order can be obtained from High Court to dispense with personal appearance

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 June 2010
Exemption is granted as a routine in most of the cases and ultimately it depends on the advocate of the accused to present to the court proper reasons.For example the accused is staying at a distance and no regular service , exemption is granted on hardship. There are similar such situations and most of the courts are libral for granting exemption. The same may not be permanent exemption.

Sankaranarayanan (Expert) 11 June 2010
IF the majestrate satisfied the examination of the accused then he can,
u/s 317 if croc and 205 crpc are main.

Surrender K Singal (Expert) 11 June 2010
It may never taken for granted; Genuine applicants may find Court's sympathetic favour !

Guest (Expert) 11 June 2010
this is in favour of accused that trial shouldn't be done in absence of accused. But during trial after sufficient reasons stated the court generally exempt his personal appearance under section 317 Cr.P.C.But in the few stages of trial its mandatory for the accused to physically present in the court. i.e.---- Filing of charge sheet, framing of charge, statement of accused under section 313 Cr.P.C., date of judgment.

Guest (Expert) 11 June 2010
ADVOCATE FOR ACCUSED MAY FILE AN APPLICATION FOR ALLOWING EXEMPTION OF ACCUSED ON ANY PARTICULAR DATE ON GROUND OF SICKNESS OF ACCUSED OR ANY OTHER GENUINE REASON AND OF COURSE IT IS A DISCREATION OF THE COURT TO EITHER ALLOW OR REJECT SUCH APPLICATION OR ORDER COST FOR GRANTING APPLICATION.
THANKS.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries