(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
STATE AMENDMENT
Gujarat
In the principal Act, to section 317, the following Explanation shall be added,
namely: --
"Explanation:--For the purpose of this section "Personal attendance of the
accused" shall include his attendance through the medium of Electronic Video
Linkage as provided in section 273.".
[Vide Gujarat Act 31 of 2017, s. 6.].
Code of Criminal Procedure (CrPC)
311 CrPC Power to summon material witness, or examine person present
311 CrPC Power of Magistrate to order person to give specimen signatures or handwriting
312 CrPC Expenses of complainants and witnesses
313 CrPC Power to examine the accused
314 CrPC Oral arguments and memorandum of arguments
315 CrPC Accused person to be competent witness
316 CrPC No influence to be used to induce disclosure
317 CrPC Provision for inquiries and trial being held in the absence of accused in certain cases
318 CrPC Procedure where accused does not understand proceedings
319 CrPC Power to proceed against other persons appearing to be guilty of offence