Supreme Today AI
SupremeToday Landscape Ad
AI Thinking

AI Thinking...

Searching Case Laws & Precedent on Legal Query.....!

Scanned Judgements…!

Checking relevance for State of Uttar Pradesh VS Association of Retired Supreme Court and High Court Judges at Allahabad...

Checking relevance for Puneet Dalmia VS Central Bureau of Investigation, Hyderabad...

Checking relevance for TGN Kumar VS State of Kerala...

Checking relevance for Punjab State Warehousing Corporation Faridkot VS Durga Ji Traders...

Checking relevance for SRI RAMESHWAR YADAV VS STATE OF BIHAR...

Checking relevance for Bhaskar Industries LTD. VS Bhiwani Denim And Apparels LTD. ...

Checking relevance for Sonia Gandhi VS Subramaniam Swamy...

Checking relevance for S. Jaitley VS State (NCT of Delhi)...

2023 0 Supreme(Del) 3803 : An accused person, particularly one who is elderly and suffering from health conditions, can be granted exemption from physical appearance and permitted to appear through video conference. The court held that a 75-year-old accused facing trial under Section 376 of IPC was entitled to appear virtually via Video-Conferencing without the need to produce a medical certificate on every date of hearing. The Trial Court was given discretion to require physical appearance only if recorded reasons were provided. This decision is based on balancing the rights of the accused with the practicalities of the legal process and the use of modern technology.Checking relevance for Anbumani Ramadoss VS Central Bureau of Investigation...

2023 0 Supreme(Del) 6067 : The court held that an accused may be granted exemption from personal appearance and allowed to appear virtually through video-conferencing before the Trial Court, provided that such virtual appearance does not compromise the integrity or fairness of the trial. The court exercised its discretion under Cr.P.C. 273, 205, and 317, considering the petitioner''''s permanent residence in Chennai, family circumstances, and the nature of the case, and directed the petitioner to appear virtually with certain conditions. The decision was based on relevant case law (Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. and Puneet Dalmia v. CBI) and the High Court of Delhi''''s policies on virtual hearings.Checking relevance for Raman Nair VS State of Kerala...

Checking relevance for Bhaskar Industries Ltd. VS Bhiwani Denim & Apparels Ltd. ...

Checking relevance for Commissioner Of Police, Delhi VS Registrar, Delhi High Court, New Delhi...

1996 7 Supreme 348 : The Supreme Court granted an exemption from the personal appearance of Shri P.V. Narasimha Rao, former Prime Minister of India, which may continue until the newly venued court requires his presence. The Court did not specify video conferencing as the method of appearance, but the exemption allows the accused to not appear in person, implying that alternative arrangements such as video conferencing could be considered to facilitate the trial while maintaining security and safety. The Court emphasized that the protectee''''s presence in court is not required until the new venue is established, and the exemption remains in force until the court concerned demands his physical presence.Checking relevance for AKRAM VS STATE OF M. P. ...

Checking relevance for Bhaskar Industries Ltd. VS Bhiwani Denim And Apparels Ltd. ,...

AI Overview

AI Overview...

Personal Exemption from Appearance via Video Conference - Main Points and Insights

Analysis and Conclusion

Courts have the legal authority and discretion to exempt an accused from personal appearance and permit appearance via video conference, especially considering health, age, and logistical challenges. Such virtual appearances are accepted provided the accused's identity is verified and their rights are safeguarded. The trend reflects a flexible approach balancing procedural fairness with practical considerations, especially in the context of modern technology and circumstances like health crises or travel difficulties.

References

Recording Accused Statement Under Section 313 CrPC via Video Conferencing in India

Can Trial Courts Record Accused's Evidence Under Sec 313 CrPC via Video Conferencing?

In today's digital age, the Indian judiciary has increasingly embraced technology to streamline proceedings, especially post-pandemic. But a pressing question arises: Whether the Trial Court can Record the Evidence of the Accused under Sec 313 Crpc through Video Conferencing? This issue touches on the balance between the accused's right to a fair trial and the practicalities of modern litigation. Section 313 of the Criminal Procedure Code (CrPC) is pivotal, as it allows the court to examine the accused directly to explain incriminating circumstances. Traditionally, this requires physical presence, but evolving case law suggests flexibility through virtual means.

This blog delves into the legal framework, landmark judgments, and practical considerations, drawing from authoritative sources. Note that this is general information based on precedents and not specific legal advice—consult a qualified lawyer for your case.

Understanding Section 313 CrPC and Personal Appearance

Section 313 CrPC empowers the court to question the accused after the prosecution evidence closes, enabling them to address any evidence against them. The provision underscores the accused's right to be heard, typically mandating physical presence to ensure solemnity and direct interaction.

However, courts have interpreted related provisions like Sections 205, 273, and 317 CrPC to permit exemptions from personal appearance under certain conditions. These include health issues, age, or logistical challenges, where video conferencing serves as a viable alternative [

#CrPCVideoConferencing, #Sec313CrPC, #VirtualCourtHearings
Chat Download
Chat Print
Chat R ALL
Landmark
Strategy
Argument
Risk
Chat Voice Bottom Icon
Chat Sent Bottom Icon

Related Judgments

K SRINIVASAM S/O K THMARAYAPPA v/s SHEKARE GOWDA H K C/O KODIGOWD

Karnataka

The petitioner is arrayed as accused No.2 in C.C.No.3171/2024 registered for offence punishable under Section 138 of N.I. Act. The petitioner made an application under Section 228 of BNSS 2023, seeking exemption for his personal appearance and permit him to appear through his counsel. ... The said application praying to appear through video conference ....

CHHETRA PAL SHARMA VS. VIMLA DEVI

Supreme Court

For any reason, the petitioners are unable to appear on the dates fixed by the Trial Court, they can either apply for exemption or grant of permission to appear through video conference. ... Unless the personal appearance of the accused is mandatory, we are sure that the concerned trial court will consider the said request in accordance with law. Subje....

SANGEETA SHARMA VS. VIMLA DEVI

Supreme Court

For any reason, the petitioners are unable to appear on the dates fixed by the Trial Court, they can either apply for exemption or grant of permission to appear through video conference. ... Unless the personal appearance of the accused is mandatory, we are sure that the concerned trial court will consider the said request in accordance with law. Subje....

DR. S. JAITLEY & ANR. Vs STATE (NCT OF DELHI)

Delhi

Only because the accused is appearing through Video-Conferencing he will not dispute his identity during cross-examination, etc., or at any other stage of trial since he himself is seeking exemption from personal appearance in physical form and requests that he be allowed to appear through Video-Conferencing ... In the present case, however, the petitioner no. 1 has not....

DR. ANBUMANI RAMADOSS Vs CENTRAL BUREAU OF INVESTIGATION

Delhi

P.C. confers power upon both the Magistrate as well as Sessions Judge to grant exemption from personal appearance to the accused at any stage of inquiry or trial. ... personal appearance in physical form, and requests that he be allowed to appear through Video- Conferencing. ... In the present case, however, the petitioner no. 1 has not sought total #H....

DR. ANBUMANI RAMADOSS Vs CENTRAL BUREAU OF INVESTIGATION

Delhi

P.C. confers power upon both the Magistrate as well as Sessions Judge to grant exemption from personal appearance to the accused at any stage of inquiry or trial. ... of making personal appearance before the Court, the physical condition of accused, the necessity of making a personal appearance, etc., are to be considered, in a given ....

RAJEEV JHAWAR Vs DIRECTORATE OF ENFORCEMENT

Delhi

On behalf of accused no. 3, appearance has been entered into and an application seeking exemption from personal appearance was moved which was allowed and the accused no. 3 was exempted from personal appearance for 31.05.2023 with a direction that the accused would appear in person on the next date of ... Arguments....

RAJEEV JHAWAR Vs DIRECTORATE OF ENFORCEMENT

Delhi

On behalf of accused no. 3, appearance has been entered into and an application seeking exemption from personal appearance was moved which was allowed and the accused no. 3 was exempted from personal appearance for 31.05.2023 with a direction that the accused would appear in person on the next date of ... Arguments ....

DR. S. JAITLEY & ANR. vs STATE (NCT OF DELHI)

Delhi

be exempted from physical appearance and be allowed to appear through Video-Conferencing. ... power upon both the Magistrate as well as Sessions Judge to grant exemption from personal appearance to the accused at any stage of inquiry or trial. ... appearance before the Court, physical condition of the accused, necessity for....

DR. ANBUMANI RAMADOSS vs CENTRAL BUREAU OF INVESTIGATION

Delhi

exemption from appearance. ... In the present case, however, the petitioner no. 1 has not sought total exemption from his personal appearance before the learned Trial Court, rather he has prayed for grant of exemption from physical appearance and allow him to appear confers power upon both the Magistrate as well as Sessions Judge to grant #HL....

SupremeToday Portrait Ad
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

App_Store_Badge Google_Play_Store

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon Instagram Icon Twitter Icon

Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.

whatsapp-icon