Legal Question in Criminal Law in India

verdict given in the absence of the accused

In a private complaint 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 day of judgement is also announced. The accused is absent on the day of judgement. Can the Criminal Court give the verdict when the accused is 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?

If the Judicial Magistrate issues a warrant for arrest of the accused when he is 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, 12:46 am

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

Re: verdict given in the absence of the accused

what matter was it give details. was his lawyer present

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Answered on 1/15/08, 9:24 am

Re: verdict 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, 11:55 am
Shrichand Nahar S.V.Nahar, Advocate

Re: verdict given in the absence of the accused

It must be a trial of petty matter where total punishment, if awarded, will not be more than 3 years.

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.

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Answered on 1/14/08, 12:51 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: verdict given in the absence of the accused

Already replied

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Answered on 1/21/08, 12:20 am


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