Summary of Trial during the Absence of Accused- Section 205 & 317 Cr.P.C. Compared- Justice V Ramkumar

00:00:00 - 00:15:00

This video discusses the differences between section 205 of the Cr.P.C., which allows for the magistrate to dispense with the personal attendance of the accused, and section 317 of the Cr.P.C., which allows for the court to pass an order for exemption from personal attendance. The video explains that, in the first case, the court can only find the accused guilty if the victim or a witness identifies the accused in court; however, in the second case, the court can still try the accused even if the victim or witness does not identify the accused.

• 00:00:00 In this video, Vikas discusses the differences between section 205 of the Cr.P.C., which allows for the magistrate to dispense with the personal attendance of the accused, and section 317 of the Cr.P.C., which allows for the court to pass an order for exemption from personal attendance.
• 00:05:00 A video discussing how a magistrate is not powerless to consider a prayer for exemption from personal attendance during a crime scene, even in a case filed under Section 205 of the Indian Penal Code. The Supreme Court clarified that under Section 317 of the Indian Penal Code, the magistrate has the power to excuse the absence of the accused on any particular day on which the case stands, provided he files an application to his Council explaining the reasons for the absence.
• 00:10:00 The video discusses the difference between the trial of an accused person who is absent due to an order from a higher court, and an accused person who is absent due to their own voluntary decision not to appear in court. The video explains that, in the first case, the court can only find the accused guilty if the victim or a witness identifies the accused in court; however, in the second case, the court can still try the accused even if the victim or witness does not identify the accused. This difference is important because it allows the accused to be heard if they later demonstrate that they were unable to participate in the trial due to an order from a higher court.
• 00:15:00 This video compares Sections 205 and 317 of the Indian Penal Code, which deal with the consequences of an accused's absence from court. Under Section 205, the court may proceed against the accused and history if any, under Section 446 erpc for recovering the penalty. If the bond is automatically forfeited for the accused's default, he has the opportunity to provide reasons why the bond amount should be recovered as penalty, in addition to the amount of the bond itself. Finally, the video discusses the previous webinar, in which Justice Ramkumar covered Section 205 and 317 in-depth.