Lawgist317Provision for inquiries and trial being held in the absence of accused in certain cases
(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.
STATE AMENDMENT
Gujarat
In the principal Act, to section 317, the following Explanation shall be added, namely: --
"Explanation:--For the purpose of this section “Personal attendance of the accused” shall include his attendance through the medium of Electronic Video Linkage as provided in section 273.”.
[Vide Gujarat Act 31 of 2017, s. 6.]
Download our fully-offline, High speed android app.- Click here
- 300 Person once convicted or acquitted not to be tried for same offence
- 301 Appearance by Public Prosecutors
- 302 Permission to conduct prosecution
- 303 Right of person against whom proceedings are instituted to be defended
- 304 Legal aid to accused at State expense in certain cases
- 305 Procedure when corporation or registered society is an accused
- 306 Tender of pardon to accomplice
- 307 Power to direct tender of pardon
- 308 Trial of person not complying with conditions of pardon
- 309 Power to postpone or adjourn proceedings
- 310 Local inspection
- 311 Power to summon material witness, or examine person present
- 311A Power of Magistrate to order person to give specimen signatures or handwriting
- 312 Expenses of complainants and witnesses
- 313 Power to examine the accused
- 314 Oral arguments and memorandum of arguments
- 315 Accused person to be competent witness
- 316 No influence to be used to induce disclosure
- 317 Provision for inquiries and trial being held in the absence of accused in certain cases
- 318 Procedure where accused does not understand proceedings
- 319 Power to proceed against other persons appearing to be guilty of offence
- 320 Compounding of offences
- 321 Withdrawal from prosecution
- 322 Procedure in cases which Magistrate cannot dispose of
- 323 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
- 324 Trial of persons previously convicted of offences against coinage, stamp-law or property
- 325 Procedure when Magistrate cannot pass sentence sufficiently severe
- 326 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 327 Court to be open
