Provision for inquiries and trial being held in the absence of accused in certain cases
AI Assist
Summary
If the accused is represented by a pleader and the judge or magistrate records reasons showing the accused’s personal attendance is not needed in the interests of justice or that the accused persistently disturbs proceedings, the court may dispense with his attendance and continue the inquiry or trial in his absence. The court can later direct the accused to appear at a subsequent stage. If the accused has no pleader or attendance is considered necessary, the court may adjourn or order the accused’s case to be taken up or tried separately.
Example
Ravi is accused of theft and is represented by a pleader, but he keeps interrupting the court and delaying proceedings. The magistrate records reasons and dispenses with Ravi’s attendance, continuing the trial in his absence; the magistrate may later order Ravi to appear. If Ravi had no pleader, the magistrate could instead adjourn or try his case separately.
Bare Act
Enacted text(1) At any stage of an inquiry or trial under this Code, 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 a pleader, 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 a pleader, 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.
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