Section 317 of CrPC : Section 317: Provision for inquiries and trial being held in the absence of accused in certain cases.

Explanation using Example

Example 1:

Scenario: Rajesh is accused of a minor theft and is currently out on bail. His lawyer, Mr. Sharma, is representing him in court. Rajesh has a job that requires him to travel frequently, making it difficult for him to attend every court hearing.

Application of Section 317: During one of the hearings, Mr. Sharma requests the Judge to dispense with Rajesh's personal attendance, arguing that Rajesh's presence is not necessary for the interests of justice and that he is represented by a competent lawyer. The Judge, after recording the reasons, agrees and allows the trial to proceed in Rajesh's absence. However, the Judge also notes that Rajesh may be required to attend in person at a later stage if deemed necessary.

Example 2:

Scenario: Priya is accused of causing a public disturbance and is representing herself in court without a lawyer. During the trial, Priya repeatedly interrupts the proceedings, making it difficult for the court to function smoothly.

Application of Section 317: The Magistrate, after recording the reasons, decides that Priya's persistent disturbances are hindering the trial. Since Priya is not represented by a pleader, the Magistrate has two options: either adjourn the trial or order that Priya's case be taken up separately. The Magistrate chooses to adjourn the trial to maintain order in the court and gives Priya a warning about her behavior.

Example 3 (Gujarat State Amendment):

Scenario: Anil is accused of fraud and is currently residing in a different state due to work commitments. His lawyer, Ms. Desai, is representing him in a court in Gujarat. Anil finds it difficult to travel frequently for court hearings.

Application of Section 317 with Gujarat Amendment: Ms. Desai requests the Judge to allow Anil to attend the hearings through Electronic Video Linkage as provided in section 273. The Judge, considering the reasons and the amendment in Gujarat, agrees that Anil's personal attendance through video linkage is sufficient. The trial proceeds with Anil attending the hearings via video conferencing, ensuring that justice is served without causing undue hardship to Anil.