CrPC Section 317: Inquiry & Trial Without Accused
This section deals with the specific conditions and exceptions under which an inquiry or trial can proceed even if the accused is absent.
1. The Code
Section 317. Inquiry or trial to proceed in the absence of the accused:
When an accused person has been duly summoned to appear and does not appear, the Magistrate or Court, as the case may be, may, if satisfied that the accused has been duly summoned, proceed with the inquiry or trial in his absence.
2. Explanation
This section allows the legal process to move forward even if the accused is not present, under certain circumstances.
- Accused must be duly summoned: The court must be convinced that the accused received proper notice of the proceedings.
- Absence must be unjustified: The accused’s absence must not be due to any reason beyond their control.
3. Illustration
Imagine a case where a person is accused of theft. They are duly summoned to appear in court, but they choose not to attend. In this case, the court can proceed with the trial in their absence.
4. Common Questions & Answers
Q: Can the trial proceed in the absence of the accused if they are sick?
A: No. The trial cannot proceed if the accused is genuinely unable to appear due to illness, and they have provided proof of it.
Q: Can the accused be convicted in their absence?
A: Yes, if the court finds sufficient evidence against them, the accused can be convicted even if they are absent.
Q: What happens if the accused appears later in the trial?
A: The court can allow the accused to participate in the proceedings at any stage, depending on the circumstances.
