Sec 205 of the Code of Criminal Procedure, 1973 contemplates that whenever a magistrate issue a summons, he may, if he sees reasons to do so, dispense with the personal attendance of the accused and permit him to appear by his pleader. It also contemplates that at his discretion, he may enforce such attendance.
The objective of legislation behind the formulation of this section may be derived from section 273 of the code. Section 273 envisages that the evidence has to be taken in the presence of the accused. However, it provides an exception that if the personal attendance is dispensed with, the same can be taken in the presence of his pleader. The exceptions of section 273 crpc are provided in the form of sec 205, 299, and 317, which describe certain circumstances in which the presence of the accused can be exempted by the court.
A conjoint reading of all the provisions of the Code of Criminal Procedure, 1973 shows that though it is an essential principle of criminal law that trial of indictable offense has to be conducted in the presence of the accused, it is left to the discretion of the court to exclude the accused from appearance in court under some justifiable circumstances.
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