Can a Trial be held in the Absence of the Accused under Indian Criminal Laws?

However, at any subsequent stage of the proceedings, the Judge or Magistrate can call for the personal attendance of the accused.

If, however, the accused is not represented by a Pleader, the Judge or Magistrate may either adjourn the inquiry or trial, or order that the case of such an accused be taken up or tried separately. (S. 317)

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The Kerala High Court has held that in all trivial and technical cases not involving moral turpitude, and in cases where the accused are ladies or old and sickly persons or factory workers or labourers or busy business people or industrialists, the Courts should invariably lean towards exemption of such persons from personal attendance. (Helen, — 1937 Cr. L.J. 262)


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