Dispensation of Personal Attendance before Magistrate: Section 205 CrPC: Justice V Ram Kumar

Dispensation of Personal Attendance by Magistrate: Section 205 Cr. P.C
Justice v Ram Kumar
Former Judge
Kerala High Court
#advocate #justice #highcourt #beyondlawclc #advocacy #crpc #magistrate #attendanceincourt
#criminallaw ‪@BeyondLawCLC‬
Dispensation of Personal Attendance of the Accused before the Magistrate u/s 205 CrPC
- By Justice V. Ramkumar(Former Judge Kerala High Court)
Section 205 of the Code of Criminal Procedure, 1973(“Cr.P.C.” for short) states that whenever a Magistrate issues a summons, he may if finds any reason to do so dispense with the personal attendance of the accused and permit the accused to appear through his/her counsel. If the summons does not permit him to appear through his counsel, the accused has to give valid reasons as to why he/ she is unable to personally appear before the Magistrate. In cases where a non-bailable warrant is pending against the accused, he may also apply for permanent exemption from appearance in the case u/s 205 Cr.P.C. as mentioned in the case of Sarath S. v. State of Kerala 2017(3) KHC 383 where it has been clearly stated that mere pendency of a non-bailable warrant cannot be a ground to refuse an application filed u/s 205 Cr.P.C. In the case of V.S. Reddy v. Excel Glasses Ltd.2010 KHC 548, it was held by the Kerala High Court that the accused can make his first appearance through his counsel. In cases where the accused has been given permanent exemption u/s 205 CrPC, then the Magistrate can still record his plea via his counsel as has been held in the case of Bhiwani V. Denim & Apparels Ltd AIR 2001 SC 3625. An affidavit needs to be filed by the accused to obtain dispensation of personal attendance before the Magistrate incorporating 3 important aspects:
a) The evidence may be given in his absence thereby forfeiting his right under Section 273 of the Cr.PC
b) His counsel may be permitted to represent him during his absence.
c) Since the trial is going to be held in his absence, he will not raise any dispute about the capacity of the prosecution witnesses to identify him.

[@77-vishnusukumarank]

2017 3 KHC 383
By Justice Sunil Thomas
Mere pendency of NBW can not be a ground to refuse application of 205 CrPC petition
Sarath v State of Kerala

[@BeyondLawCLC]

Thank you for sharing

[@KalpathySanthosh]

What a coincidence.. today morning I filed a 205 application 😊

[@sarfrazpathan1632]

Sir Crpc 205 section is applicable is warrent cases also ? If section 205 is not applicable for warrant cases then please suggest case law for the same .....please Guide 🙏.....Thank you

[@SridharKota1968]

Really thankful to Beyond Law CLC for sharing the knowledge. Can you please take up the issue on the topic "Appearance of the Accused virtually". Please take up this topic, giving complete details on the above topic i.e. what are the conditions under which an accused can appear virtually , procedure to get permission etc.

[@aparajitasharma2208]

thank you sir

[@spitiranjan7892]

with due respect , justice v ram kumar has great knowledge in criminal law ,please tell him sir we are always waiting for his session so he cannot snatch our right to gain knowlege from him.Thank u.

[@tamilkeerthi]

We need more such topics that are discussed shortly.

[@tamilkeerthi]

Many thanks to the orator judge for his time.

[@sridharsingireddi5717]

Amazing Short and simple...

[@faizaanqureshi7724]

Very good lecture on personal permanent exemption

[@jeevabharathi263]

Very nice class sir this class will helpful for my cases

[@khwajarahiman894]

Thank You So Much My Lord

[@spitiranjan7892]

Thank u very much sir ...

[@advswapnaraj2295]

thank Sir

[@premlatauppal7808]

Nice sharing 👍👍👍

[@shubhamgupta-oq4wc]

Nice initiative

[@adv.subhashismishra5275]

How it's different from section 317 of CrPC

[@rajeshranga4873]

Sir application u/s 205 be filed by accused or his advocate? Can advocate give undertaking on behalf of accused in that application

[@ramkumarv7327]

Filing of the application u/s 205 Cr.P.C. can be by the Advocate. But the accused has to execute a vakkalath in favour of the Advocate and also file an affidavit undertaking that he will appear before the Court as and when ordered, that his Advocate may be permitted to represent him etc. The Advocate cannot and should not give an undertaking.

[@rajeshranga4873]

Thank you so much sir

[@RashidAzaad]

​@@ramkumarv7327Sir, can an accused apply for exemption at the committal stage of crime before a magistrate?

[@kislaykeshav778]

Can accused apply crpc 205 before filling or taking bail and bail bond