Criminal Trial Can’t Proceed Ex-Parte, Evidence Can’t Be Received In Absence Of Accused Except U/S 299 CrPC:...
Legal Principle
In criminal law, the accused has a fundamental right to be present during trial proceedings. The general principle is that a criminal trial cannot proceed ex-parte, and no evidence can be recorded in the absence of the accused. This ensures the accused’s right to a fair trial, which is part of the principles of natural justice.
Exception:
The main exception is under Section 299 of the Code of Criminal Procedure (CrPC), which deals with trial when the accused is declared a proclaimed offender. In such a case, the court may proceed in the absence of the accused, but strict procedural safeguards must be followed.
Relevant Sections of CrPC
Section 299 CrPC:
Allows trial in the absence of the accused only if the accused has been proclaimed as an offender under Sections 82 and 83 CrPC.
Proclaimed offender means the accused has intentionally evaded service of summons or warrant issued by the court.
The court can then proceed with recording evidence and passing judgment.
Sections 319 and 320 CrPC:
These sections reinforce that, ordinarily, no one should be tried or evidence recorded without being summoned or present.
Section 273 CrPC:
Confirms that the absence of the accused does not invalidate proceedings if the accused was deliberately evading trial after being summoned.
Key Case Laws
State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Supreme Court emphasized that the accused’s presence is essential for a fair trial.
Trial cannot proceed ex-parte unless the law specifically allows it.
Observed that recording evidence in absence of accused violates principles of natural justice.
Union of India v. Raghunath (AIR 1990 SC 2215)
Court held that the accused must be given an opportunity to cross-examine prosecution witnesses.
Evidence recorded without the accused present cannot form the basis of conviction, except under Section 299 CrPC.
Bachan Singh v. State of Punjab (1980) 2 SCC 684
Reiterated that ex-parte proceedings are an exception, not the rule, in criminal trials.
Procedural safeguards are mandatory before proceeding in the accused's absence.
State of Haryana v. Bhajan Lal (1992) CrLJ 918 (SC)
Court clarified that merely non-appearance of the accused cannot justify recording of evidence.
Only when the accused is a proclaimed offender under Section 82 CrPC, the trial can continue ex-parte.
Summary
General Rule: Criminal trial cannot proceed ex-parte; evidence cannot be recorded without the accused present.
Exception: Section 299 CrPC allows trial in absence of accused if he is a proclaimed offender.
Purpose: Protects the right to a fair trial and ensures the accused can cross-examine witnesses.
Judicial Position: Courts have repeatedly held that any conviction based on evidence recorded in the absence of the accused (without statutory sanction) is null and void.
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