Purpose Of Exemption From Personal Appearance U/S 205 CrPC Is To See That No Unnecessary Harassment Is Caused To…
Purpose of Exemption from Personal Appearance Under Section 205 CrPC
Section 205 CrPC: Overview
Section 205 CrPC provides that when a person accused of an offence has been regularly attending a trial, the court may exempt the accused from personal attendance during the trial.
The accused may be allowed to appear through their advocate instead of appearing in person.
This exemption is discretionary and can be granted or withdrawn by the court.
It generally applies after the trial has begun and the accused has been attending regularly.
Purpose of Section 205 CrPC
To Avoid Unnecessary Harassment and Hardship to the Accused:
The primary object is to ensure that the accused is not subjected to unnecessary physical or mental harassment by frequent and possibly long court appearances, especially when their presence is not crucial at every stage.
To Facilitate Fair and Efficient Trial Process:
Allowing exemption reduces congestion in court and helps in expediting the trial process without compromising justice.
To Balance Judicial Process with Accused’s Rights:
It protects the accused’s right to be represented without the burden of constant attendance, particularly in lengthy trials, without prejudicing the prosecution or the court.
To Avoid Unjust Prejudice to the Prosecution or Witnesses:
The court ensures that the exemption will not cause any injustice or prejudice to the case or to witnesses.
Conditions and Judicial Discretion:
The exemption is granted only if the accused has been attending regularly and the court is satisfied that personal attendance is not essential.
The court may cancel the exemption at any stage if necessary for justice.
The accused must not be evading justice or trying to delay the proceedings.
Key Case Laws Explaining the Purpose of Section 205 CrPC
1. Suresh Kumar v. Union of India, AIR 1974 SC 1555
The Supreme Court held that the exemption under Section 205 CrPC aims to prevent unnecessary harassment to the accused during trial.
The court has discretion to grant exemption but should balance it with the interests of justice.
2. Raja Ram Pal v. Hon’ble Speaker, AIR 2007 SC 1052
The Court observed that the object of Section 205 is to minimize inconvenience to the accused, especially when the accused has been regularly attending court.
Personal attendance can be waived off to avoid harassment and make the process less burdensome.
3. Smt. Geeta Rani v. State of Haryana, AIR 2002 SC 1093
The Court reiterated that the exemption from personal appearance is to avoid unnecessary physical and mental strain on the accused.
It emphasized that the discretion lies with the court and the accused must have maintained regular attendance before exemption.
4. Manik Prasad v. State of Jharkhand, (2004) 4 SCC 145
The Supreme Court observed that Section 205 is meant to protect the accused from unwarranted and unnecessary harassment.
The court must ensure that the exemption does not hamper fair trial or prejudice the prosecution.
5. Krishna Das v. State of Assam, AIR 1976 SC 798
The Court held that exemption under Section 205 CrPC is a liberal provision meant to facilitate justice by sparing the accused from attending in person unnecessarily.
Summary of Purpose
| Purpose | Explanation |
|---|---|
| Avoid Unnecessary Harassment | Prevents physical and mental strain on accused due to repeated court appearances. |
| Facilitate Fair Trial | Ensures trial proceeds smoothly without undue burden. |
| Balance Rights | Protects accused’s rights without prejudicing prosecution. |
| Judicial Discretion | Courts decide on case-by-case basis, considering fairness. |
| Prevent Prejudice | Ensures exemption does not affect justice or witness convenience. |
Practical Implications
Courts often grant exemption in long, complex trials or where accused are elderly, ill, or facing hardship.
Exemption can be revoked if the accused absconds or obstructs the process.
Accused remains responsible for attending if required by court direction.
Conclusion
The exemption from personal attendance under Section 205 CrPC is a protective legal provision intended to ensure that the accused is not subjected to unnecessary harassment during the trial process while ensuring that justice is not compromised. Courts exercise their discretion to balance the smooth administration of justice with the rights and convenience of the accused.
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