Section 112 CrPC: Procedure for Persons Present in Court
1. State the Code:
Section 112 of the Code of Criminal Procedure, 1973 (CrPC) deals with the procedure to be followed when a person is present in court. This section outlines the responsibilities of the court and the individual present in court.
2. Explain the Code:
Section 112 CrPC addresses the following aspects:
- Presence of Accused in Court: The accused person must be present in court during proceedings that involve their case. This includes:
- Framing of Charges: When the charges against the accused are formally read out.
- Taking Plea: When the accused is asked to plead guilty or not guilty to the charges.
- Recording Evidence: When witnesses testify, and the court examines the evidence presented.
- Passing of Judgment: When the court delivers its verdict on the case.
- Exceptions to Presence: Certain situations allow for the accused to be absent:
- Medical Reasons: If the accused is medically unfit to attend court.
- Legal Representation: The accused may be represented by a lawyer, who can act on their behalf.
- Specific Court Orders: The court may issue an order for the accused to be absent in specific circumstances.
- Consequences of Non-Appearance: If the accused is absent without justification, the court can:
- Proceed with the Trial: The trial can proceed in the accused’s absence.
- Issue Warrant: The court can issue a warrant for the accused’s arrest.
- Adverse Inferences: The court may draw adverse inferences against the accused due to their absence.
- Presence of Witnesses: Witnesses must also be present in court to testify, subject to certain exceptions, such as medical reasons or legal representation.
3. Illustrate the Code:
Imagine a criminal case where a person is accused of theft. During the trial, the accused must be present in court when the charges are read, they plead not guilty, and when the witnesses testify.
However, if the accused is hospitalized due to an illness, they may be excused from attending the trial. Their lawyer can represent them in court and act on their behalf.
If the accused fails to appear in court without valid reasons, the court may issue a warrant for their arrest. This could lead to adverse consequences for the accused, as the court may proceed with the trial in their absence and potentially issue a guilty verdict.
4. Common Question and Answers:
- Q: Does the accused have to be present in court for every hearing?A: No, the accused may be absent for specific hearings, but they must be present for crucial stages like framing charges, taking plea, and judgment.
- Q: What happens if a witness is unable to attend court?A: The court may issue a summons or warrant to compel the witness’s attendance. The court may also consider taking their testimony remotely, if possible.
- Q: Can the accused choose not to be present in court?A: Generally, the accused cannot choose to be absent without valid reasons. The court has the authority to enforce their presence.
- Q: What are the consequences of the accused not showing up for a hearing?A: The court can take various actions, including issuing a warrant for arrest, proceeding with the trial in their absence, and drawing adverse inferences against them.
