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Section 317 — Provision for inquiries and trial being held in the absence of accused in certain cases
317
317
Provision for inquiries and trial being held in the absence of accused in certain cases
Code of Criminal Procedure, 1973
Chapter XXIV General Provisions as to Inquiries and Trials
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsTrial ProcedureAccused AbsenceCourt ProceedingsProcedural Law
🗣️ Simple Explanation
What does this law say?
Section 317 of the CrPC allows a court to continue a trial even if the accused person isn't present. This can happen if the court believes the accused's presence isn't needed for justice. It also applies if the accused is disruptive. If the accused has a lawyer, the court can proceed without them. The court can also order the accused to attend later. If the accused doesn't have a lawyer, the court may postpone the trial.
💡 Real Life Example
Priya is accused of a minor offense. Her lawyer asks the court to let her skip some hearings. The court agrees because her presence isn't essential. Amit is constantly interrupting court proceedings. The judge can continue the trial without him. Sneha is ill and cannot attend court. The court may proceed without her if her lawyer is present.
🛡️ KNOW YOUR RIGHTS
- •Request exemption from attending court.
- •Be represented by a lawyer in your absence.
- •Understand the reasons for your absence.
- •Be informed if the court decides to proceed without you.
❓ FREQUENTLY ASKED QUESTIONS
Section 317 of the CrPC allows courts to proceed with trials even if the accused is not present. This can happen if the court believes the accused's presence is not necessary or if the accused is disruptive. The court must record its reasons for proceeding without the accused. This ensures the trial can continue efficiently.
A trial can proceed without the accused if the court believes their presence isn't essential for justice. It can also happen if the accused is represented by a lawyer and the court finds their presence unnecessary. If the accused is disruptive, the court can also proceed without them. The court must record its reasons.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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