Difference between exemption from appearance u/s 205 CrPC and 317 CrPC

 

 

Difference between exemption from appearance u/s 205 CrPC and 317 CrPC

The difference between exemption from appearance u/s 205 CrPC and 317 CrPC are explained by the Hon'ble Patna High Court in Manish Gai VS State of Bihar 2007 CrLJ 1358 (1360)

as follows:

" The Provisions of Section 205 Crpc and Section 317, CrPC are

two different provisions. They have been engrafted by the

Legislature knowing fully well the existence of each other

provision. Section 205 CrPC gives a discretion to the court to

exempt a person from personal appearance till such time his

personal appearance was necessary for the trial whereas Section

317, CrPC is a provisions, where on any particular day where

accused is required to be present in person, he is unable to come or

appear, he may seek leave and be absent and for this he is to move

to the court under Section 317, CrPC. In operation both the

Sections are different and distinct". In the light of the distinction drawn between the Provisions of 205 CrPC and 317 CrPC in the decision cited above, it is clear that Section 317 CrPC is applicable to dispense with the presence of the accused on a specific day of hearing and not for all further proceedings. Therefore, the petition praying to dispense with his personal attendance in all further proceedings except the hearing dates on which he has to appear without fail, can maintain a petition u/s 205 CrPC. The provision that exempts an accused from appearing on all further proceedings u/s 205 CrPC is reproduced hereunder:

"Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his

discretion, at any stage of the proceedings, direct the personal

attendance of the accused, an, if necessary, enforce such attendance in the manner herein before provided".

A plain reading of Section 205 CrPC would make it clear that it empowered the court to dispense with the personal attendance of the accused and permit him to appear by his counsel and similarly it has conferred discretion to direct the personal attendance of the accused at any stage of the case and it has also conferred powers to take coercive steps to enforce the attendance of the accused by issuing summon or warrant.