Legal Question in Criminal Law in India

In Indian Criminal Court,Can a verdict be given in the absence of the accused?

In a private complaint(u/s.138 of Negotiable Instruments Act) in a criminal Court in India, the accused is absent during many of the hearings and his counsel is filing petitions and the same is accepted by the Court. The trial comes to a close and the day of judgement is also announced. The accused is absent on the day of judgement. The case is again adjourned and another date fixed for judgement. Can the Criminal Court give the verdict if the accused is again absent? If given, will it stand the test when the verdict is challenged in the appellate court by the accused stating that the verdict given on the day of his absence is invalid?

In such a situation, if the Judicial Magistrate issues a warrant for arrest of the accused if he is again absent on the day of judgement, the case will get prolonged for further period. What are the remedies available to the Complainant?


Asked on 1/14/08, 1:01 am

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: In Indian Criminal Court,Can a verdict be given in the absence of the accused?

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Answered on 1/15/08, 9:32 am

Re: In Indian Criminal Court,Can a verdict be given in the absence of the accused?

As such there is no law to restrict the power of court to announce judgement in absence of accused,however,as per practise accused must be present in court at the time of verdict.In case of appeal accused must have to get bail from appeallate court.

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Answered on 1/15/08, 11:52 am
Shrichand Nahar S.V.Nahar, Advocate

Re: In Indian Criminal Court,Can a verdict be given in the absence of the accused?

In such matters, presence of accused is not necessary, if his identity is not in dispute and accused has instructed his lawyer to conduct the matter in his absence. Further, since total punishment is less than 3 years, same is suspended immediately for preferring an appeal. Therefore, question of surrender of accused does not arise.

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Answered on 1/14/08, 1:07 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: In Indian Criminal Court,Can a verdict be given in the absence of the accused?

In this matter presence of accused is not needed until and unless there is a question of identity.

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Answered on 1/21/08, 12:18 am


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