1. Introduction
Criminal Procedure Code has provided that an accused can be exempted from personal appearance during trial before court. For example, Section No. 205 of this code has provided that magistrate can dispense with personal appearance of accused when he sees reasons to do. Similarly Section No. 540-A of this code has also provided that magistrate can dispense with personal appearance of accused when such accused is incapable of remaining before court and such accused is represented by pleader.
2. Relevant Provisions
Section 205 and 540-A of Cr.P.C (Criminal Procedure Code)
3. Exemption for accused from Personal appearance during trail in Court
Followings are grounds under which accused can be exempted from personal appearance during trial in court.
i. Medical Ground
On medical ground, accused can be exempted from personal appearance during trial in court.
ii. Stay Abroad
If accused is staying abroad and it is not possible for him to appear in person during trail in court, court can dispense with his personal appearance during trial.
iii. Earnings Abroad
When accused is staying abroad to make earnings and it is not possible for him to appear in person during trial in court, court can dispense with his personal appearance during trial.
iv. Departure From country
If accused is to depart country due to that reason, which can satisfy court that accused would not be able to remain before court during trial, he can be exempted from personal appearance during trial.
v. Departure from Station
When accused is to depart station due to the reason, which can satisfy court that accused would not be able to remain before court during trial, he can be exempted from personal appearance during trial.
vi. Presence of No Use
If presence of accused is of no use during trial to provide justice in its true meanings, court can dispense with his personal appearance during trial.
vii. Difficult Movement
When it is difficult for accused to approach court on every date of trial and it is due to uncertain circumstances, he can be exempted from personal appearance during trial.
viii. Official Duty
If it is difficult for accused to remain before court on every date of trial and it is due to his official duty, court can exempt him from personal appearance during trial.
ix. Physical Disability
When accused is suffering from that physical disability due to which it is difficult for him to remain present before court on every date of trial, he can be exempted from personal appearance during trial.
Conclusion
To conclude, it can be stated that case can be tried in absence of accused. Courts have power to exempt accused to appear personally and allow his pleader to appear in his place if sufficient cause is shown in case. It reveals that some certain conditions should be met before granting of such exemption from personal appearance.
