CrPC Section 317
🔹 Full Title of Section 317:
Provision for inquiries and trial being held in the absence of accused in certain cases.
🔹 Purpose:
To ensure that criminal proceedings are not unnecessarily delayed due to the absence of the accused, especially when their personal presence is not essential for the progress of the trial.
🔍 Detailed Explanation:
Section 317 CrPC is divided into two sub-sections:
🔸 Sub-section (1):
This sub-section allows the Magistrate or Judge to dispense with the personal attendance of the accused, even when they are under arrest or bound by bond to appear, if:
The accused is represented by a pleader (i.e., a lawyer appears on their behalf),
And the court is satisfied that the personal presence of the accused is not necessary in the interests of justice.
In such a case, the court may:
Proceed with the trial or inquiry in their absence,
Or dispense with further attendance of the accused during the trial,
Or even direct them to appear at any later stage.
✅ Key point: The court has discretion to decide whether the presence of the accused is necessary or not.
🔸 Sub-section (2):
This sub-section applies when the accused is:
Continuously absent,
Or prevented from appearing due to illness or any other reason,
And the court believes that the trial should not be postponed any further.
In such cases, the court can:
Conduct the trial in the absence of the accused,
Or even proceed without a pleader, if the accused has no legal representation.
But this power is to be used sparingly, only when delays would frustrate the course of justice.
🛑 Important Safeguards:
The court must record reasons for proceeding without the accused.
It cannot pronounce a judgment of conviction in absence of the accused under this section. For that, other provisions like Section 299 (for absconding accused) are used.
Right to fair trial must be preserved at all times.
✅ When is Section 317 commonly used?
In summary trials or minor cases, where the accused is regularly represented by a lawyer.
If the accused is sick or hospitalized, but the trial has been pending for a long time.
To avoid undue delay in court proceedings, especially in cases involving multiple accused.
📌 Example Scenario:
Suppose there is a case with 4 accused. One of them is ill and cannot attend court for a few weeks. If the trial is at a stage where their personal presence is not essential (e.g., examination of witnesses not related to that particular accused), the court can use Section 317(1) to proceed without that person to avoid delay.
⚖️ Case Law Reference (Briefly):
Courts have held that Section 317 must be used judiciously, and not in a way that affects the rights of the accused. It’s to facilitate the process, not punish absence.
🔚 Summary:
| Aspect | Description |
|---|---|
| Objective | To allow trial to proceed when the accused is absent but their presence is not required. |
| When Used | When accused is represented, ill, or absent but trial must continue. |
| Powers Given To | Magistrate or Judge conducting the trial/inquiry. |
| Accused’s Rights | Must not be denied fair trial; court must record reasons for absence. |
| Limitations | Cannot pass final conviction judgment under this section alone. |
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