CrPC 317 — Provision for inquiries and trial being held in the absence of accused in certain cases

Code of Criminal Procedure, 1973

Statutory 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.
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.]

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