Law: Criminal Procedure Code (V of 1898)

Section: 540A

Law: Azad Penal Code

Section: 149,337,341,347

(a) Criminal Procedure Code (V of 1898)--- ----S. 540-A--- Dispensing with the attendance of accused---Requirements---Under S.540-A, C.P.C., accused could be exempted from personal appearance subject to conditions mentioned in the said section---First condition for exemption from personal appearance of accused was that there should be two or more accused persons before the court; second condition was that the accused seeking exemption should be before the court and third condition was that the accused seeking exemption had become incapable of remaining before the court---If first two conditions were fulfilled and the court, from whom the exemption was sought, was satisfied that the accused was unable to attend/come before the court and was represented by a pleader, could be exempted from personal appearance and proceeded with such inquiry or trial in his/her absence. (b) Criminal Procedure Code (V of 1898)--- ----S. 540-A--- Dispensing with the attendance of accused---Scope---Exemption under S. 540-A Cr.P.C. was discretion of the court, but that discretion always was to be exercised in judicious manner and not arbitrarily. (c) Criminal Procedure Code (V of 1898)--- ----S. 540-A---Dispensing with the attendance of accused---Scope---Act of going abroad for earning livelihood was sufficient ground for exemption from personal appearance. (d) Criminal Procedure Code (V of 1898)--- ----S. 540-A---Dispensing with the attendance of accused---Scope---Accused, during trial, moved application for exemption from personal appearance before Trial Court which was accepted---Validity---Record revealed that accused moved application for exemption from personal appearance on the date when he was present before the Trial Court and it was stated that he wanted to go abroad for earning his livelihood, however, without obtaining order from the court for his exemption he proceeded abroad---Accused had failed to wait till his application was allowed and proceeded abroad---High Court observed that Trial Court had to see the possibility of its ability to enforce the direction of personal attendance of the accused at subsequent stage if and when so deemed necessary by the court in case…

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