Can trials be conducted in absence of accused in cases?
Can the court proceed with the case where the accused is unable to appear for trial?
In some cases there may be a situation where the accused person is unable to appear for the trial, in such a situation can the court proceed with the case? If the evidence can be heard in that case then of course it can.
There is a provision in the Indian Criminal Procedure Code where when an accused person fails to appear for trial, the counsel for him can file a petition in the court as to why he did not appear. Based on this law, if any witness is going to appear in court and have to testify on that day, the lawyer of the accused can cross-examine that witness and the prosecution lawyer can also cross-examine that witness and proceed with the case.
Which law allows trial in absence of accused in cases?
Section 317 of the Indian Code of Criminal Procedure lays down provisions when an accused person does not appear in court.
Section 317 of the Code of Criminal Procedure provides for procedures for conduct of hearings and investigations in absence of the accused in cases.
(1) At any stage of a trial or investigation under this Act the Judge or Magistrate may proceed with the trial of the case in his absence by dispensing with the appearance of the accused before the Court for reasons which he is reasonably satisfied do not require in the interests of justice.
(2) And if the accused in such case is not represented by counsel, or for reasons to be recorded by the Judge or Magistrate when he considers his personal attendance necessary, the Judge or Magistrate may adjourn such trial.
Model of petition to be filed under Section 317 when the accused is unable to appear in the case?
IN THE COURT OF THE JUDICIAL MAGISTRATE NO 1
C.C No : /2023
Petitioner :
Respondent :
ABSENCE CONDONE PETITION FILED by Advocate xxxxxxxxxxxx for and on behalf of the above named petitioner /accused U/S 317Cr. P.C.
The above named noted case is posted today for trial.
The above named accuseds are not able to appear before this Honourable Court due to their unavoidable circumstances.
The non appearance of the accused were neither willful nor per ported but only for above said reason.
Hence it is most humbly prayed that this Honourable Court may be pleased to condone the absence of the above named petitioner/accused and thus render justice.
XXXXXXXX
29.08. 2023 ADVOCATE
