Section 11 in The Assam Criminal Law (Amendment) Act, 1934
11. Power to deal with refractory accused.
(1)When any accused, in trial by Commissioners appointed under this Act, has by his voluntary act, rendered himself incapable of appearing before the Commissioners or resists his production before them or behaves before them in a persistently disorderly manner, the Commissioner may at any stage of the trial by order in writing made after such inquiry as they think fit, dispense with the attendance of such accused for such period as they think fit and proceed with the trial in his absence; provided that the accused is represented by a pleader.(2)Where a plea is required in answer to a charge from an accused whose attendance has been dispensed with under sub-section (1), such accused shall be deemed to plead not guilty.(3)An order under sub-section (1) dispensing with the attendance of an accused shall not affect his right of being present in person if he has become capable of appearing or appears before the Commissioners and undertakes to behave in an orderly manner.(4)Notwithstanding anything contained in the Code, no finding, sentence or order passed in a trial by Commissioners appointed under this Act shall be held to be illegal by any Court by reason of any omission or irregularity whatsoever arising from the absence of any or all of accused whose attendance has been dispensed with under sub-section (1).
