Section 115 CrPC: Power to Dispense with Personal Attendance in Criminal Procedure

1. Code:

Section 115 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of a Magistrate to dispense with the personal attendance of a person in certain circumstances.

2. Explanation:

This section empowers a Magistrate to dispense with the personal attendance of a person summoned before him if:

• The Magistrate is satisfied that the personal attendance of the person is not necessary for the purposes of the inquiry, trial, or other proceeding.
• The person summoned is unable to attend due to sickness, infirmity, or other sufficient cause.

The Magistrate can instead accept written statements, affidavits, or other evidence from the person in question.

3. Illustration:

For instance, if a witness residing in a distant location is required to testify in a case, the Magistrate can dispense with their personal attendance if their testimony can be recorded through video conferencing or by taking their statement on oath by a local Magistrate.

4. Common Questions and Answers:

Q: Who can exercise the power under Section 115 CrPC?

A: Only a Magistrate, as defined in the CrPC, can exercise this power.

Q: What is the procedure for dispensing with personal attendance?

A: The Magistrate needs to record reasons in writing for dispensing with the personal attendance. The person summoned must be informed of the decision in writing.

Q: What happens if a person fails to attend due to illness or other valid reasons?

A: The Magistratemay accept medical certificates or other supporting documents as evidence of the person’s inability to attend.