Chapter XXIV
Section 317 CrPC: Provision for inquiries and trial being held in the absence of accused in certain cases
New Law Update (2024)
Section 348 BNSS
TRIAL COURT
Any Criminal Court
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Sub-section (1)
This provision empowers a Judge or Magistrate to excuse an accused person from appearing in court if their presence isn’t essential for justice or if they are disrupting proceedings, provided they have a lawyer representing them. The court must record reasons for this decision but can still order their presence later.
Sub-section (2)
This part addresses situations where the accused doesn’t have a lawyer or if the court believes their personal presence is absolutely necessary. In such cases, the court can either postpone the hearing or order that the accused’s case be handled separately, again, by recording proper reasons.
Landmark Judgements
Bhagwan Singh v. State of Punjab, (1993) 3 SCC 419:
The Supreme Court held that the power under Section 317 CrPC is discretionary and must be exercised judiciously, not as a matter of routine. The court emphasized that the physical presence of the accused is generally essential during a trial, and dispensation should only be granted in exceptional circumstances where the interests of justice warrant it, or if the accused is causing disruption.
S.V. Muzumdar v. State of Gujarat, (1997) 4 SCC 31:
This judgment reiterated that the discretion to dispense with the personal attendance of the accused must be exercised with caution and only for sufficient reasons to be recorded. It clarified that while the court can dispense with attendance, it retains the power to direct personal attendance at any subsequent stage, indicating that dispensation is not absolute.
Mani Lal v. The State of Rajasthan, (2000) 1 SCC 712:
The Supreme Court emphasized that an order dispensing with attendance should not be granted without proper consideration, especially when the presence of the accused is necessary for identification, examination, or to answer the charges. The court highlighted the importance of balancing the convenience of the accused with the requirements of a fair trial and the interests of justice.
Draft Format / Application
IN THE COURT OF THE [Magistrate/Sessions Judge], [City]
Criminal Misc. Application No. [ ] of [Year]
IN THE MATTER OF:
[Complainant/State]
VERSUS
[Accused Name]
APPLICATION UNDER SECTION 317 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR DISPENSATION OF PERSONAL ATTENDANCE OF THE ACCUSED
MOST RESPECTFULLY SHOWETH:
1. That the above-captioned case bearing [Case No.] is presently pending before this Hon’ble Court for [stage of proceedings, e.g., ‘recording of evidence’, ‘arguments’, ‘framing of charges’].
2. That the applicant/accused, [Accused Name], is arrayed as an accused in the aforesaid case.
3. That the applicant/accused is unable to appear before this Hon’ble Court today/on [Date] due to [state specific, valid reason, e.g., ‘illness’, ‘urgent unavoidable official duty’, ‘residence at a distant place causing undue hardship for daily appearance’, ‘being an old/infirm person’, ‘having to care for a sick family member’]. (Provide supporting documents if any, e.g., medical certificate).
4. That the applicant/accused undertakes to appear before this Hon’ble Court whenever his personal presence is specifically directed or required by the Court.
5. That the applicant/accused is duly represented by his counsel, [Pleader’s Name], who is present in Court today and is fully competent to represent the accused and proceed with the matter in his absence.
6. That the absence of the applicant/accused will not prejudice the interests of justice or hamper the proceedings of this Hon’ble Court.
7. That no prejudice will be caused to the prosecution/complainant if the personal attendance of the applicant/accused is dispensed with for today/for the period sought.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a) Dispense with the personal attendance of the applicant/accused, [Accused Name], for today/for the specified period; and
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
Dated: [Date]
[Place]
[Signature of Counsel for Accused]
[Name of Counsel]
[Enrolment No.]