VISIT:- www.law2all.in

CAN A TRIAL BE CONDUCTED IN THE ABSENCE OF AN ACCUSED?

A Trial can never be conducted in the absence of an Accused, however, it could be done only on certain conditions;

If the Court has already dispensed with personal attendance of the Accused and in such case it is must that his Counsel be present in the Court during Trial and / or proceedings of the Court under Section 273 of Cr.P.C.

In a scenario like when in a Case there are more than one Accused and his presence could not be secured by the Police despite a reasonable amount of time and resources were spent but failed, then the Court has only option under Section 317[2] of Cr.P.C. – conduct a Trial with the available Accused. Otherwise a separate Trial would be conducted when the other Accused is found.

In another scenario, when an Accused could not be secured having spent enough time and resources on him for his search by the Police, under Section 299 [1] of Cr.P.C. the Court has the powers to examine in Chief of all the Witnesses and record their statements. The Witnesses could be called to testify their deposition when the Accused appeared in the Court at later stage.  

LEAVE REPLY

Your email address will not be published. Required fields are marked *