Legal Question in Criminal Law in India
Sir , what if summon against Sec.420/406 IPC to person but person is out of india NRI,Is he must appear in court on time if not then what next be.
4 Answers from Attorneys
in case the accused is out of country, he may hire a lawyer in india and the lawyer would appear on his behalf and seek exemption from appearance for the accused.
i agree with Adv Gupta. file application for exemption.
in a criminal matter the presence of the accused is mandatory. However, the Supreme court has held that if it is practically not possible for the accused to appear on every date, the trial court may grant exemption (temporary - day to day or permanently) subject to the condition like the counsel would always be there to represent etc.However, if the accused fails to respond to summons for appearance, the court obviously will issue warrant of arrest, bailable or non-bailable, depending upon the case - complaint or FIR.
The only option would be to engage a lawyer who would represent you before the court and would file an application for exemption before the court.
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