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Showing contexts for: section 317 of the criminal procedure code in Sajeev vs The State Of Kerala on 22 April, 2013Matching Fragments
49.In the backdrop of the above discussion, it is apposite now to have recourse to Section 317 Cr.P.C. which reads:-
"317.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, or that the accused persistently disturbs the proceedings in Court, 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.
56.The examination of the accused under Section 313 Cr.P.C also envisages a stage in the inquiry or trial and in view of Section 317 Cr.P.C the courts are under discretion either to dispense with the personal presence of the accused or to insist for his appearance. The only requirement is that the discretion must be exercised based on sound reasoning and upon satisfaction of mind.
57.In this context, it is apposite to have a discussion regarding the object behind the examination of the accused under Section 313(1)
74.It is indicative from the discussion hereinabove of the various provisions of Cr.P.C. with special emphasis to Section 317 Cr.P.C. and of the landmark decisions (Supra) of the Apex Court, courts are at discretion to dispense with the personal presence of the accused under Section 313(1)(b) Cr.P.C on having convinced from the circumstances put forth about the undue hardships and financial loss likely to be caused to the accused. The discussion is indicative of the fact that the reasoning thirdly of the learned Session's Judge suffers from infirmities and will not sustain.
81.By the engagement or entrustment of the case, the counsel will be placed at a legal obligation to represent and to defend the accused. By filing the memo of appearance containing the declaration of engagement to represent the cause of the accused before the court, the counsel has gone a further step to the effect of undertaking before the court that he will safeguard the interest of the accused. Section 304 was incorporated in the Code by the Parliament in its wisdom as a manifestation of the constitutional obligation of the State and it safeguards the right of the accused to be defended by a Pleader in a cause against him. The questioning under Section 313 Cr.P.C has only a limited purpose to be served with. Section 317 Cr.P.C provides that a judge or magistrate if satisfied after recording reasons, can dispense with the personal attendance of the accused before the court at any stage of an inquiry or trial under the Code. Examination of the accused under Section 313 Cr.P.C is also a proceeding in the course of trial and therefore, in view of Section 317 Cr.P.C, the court is under discretion to grant exemption from personal appearance subject to satisfaction of the reasons furnished by the accused. What is emerged from the aforesaid the discussion is that the presence of the accused can be dispensed with by a court on being satisfied of his incapacity or inability from the reasons put forth by him. Therefore, the outcome is that a counsel engaged by the accused or appointed by the court for him, could satisfactorily represent him in the enquiry contemplated under Section 313 Cr.P.C during the course of trial.