Provision for inquiries and trial being held in absence of accused in certain cases
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Summary
A Judge or Magistrate can, after recording reasons, allow an inquiry or trial to continue without the accused’s personal attendance if the accused is represented by an advocate and attendance is not necessary in the interests of justice, or if the accused persistently disrupts proceedings. The court may later direct the accused to appear. If the accused is unrepresented or personal attendance is necessary, the court may adjourn or try the accused separately. Personal attendance includes appearance by audio-video electronic means.
Example
Priya is accused of a minor theft but lives in another city and her advocate attends court. The Magistrate records reasons and finds her personal attendance unnecessary, so the trial proceeds in her absence. The Magistrate can later summon Priya if needed.
Bare Act
Enacted text(1) At any stage of an inquiry or trial under this Sanhita, 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 an advocate, dispense with his 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) If the accused in any such case is not represented by an advocate, 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.
Explanation.-For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means.
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