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State of Jammu-Kashmir - Section

Section 540A in The Code of Criminal Procedure, 1989 (1933 A. D.)

540A. Provision for inquiries and trial being held in the absence of accused in certain cases.

- [(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.] [Sub-section (1) of section 540-A substituted by Act XLII of 1956.]
(2)If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit, and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.[Explanation. - For the purpose of this section "personal attendance of the accused" shall include his attendance through the medium of Electronic Video Linkage as provided in section 353.] [Added by Governor Act No. 48 of 2018, dated 13.12.2018.]