CrPC Section 317: Provision for inquiries and trial being held in the absence of accused in certain cases
Code of Criminal Procedure, 1973 · Chapter 24: General Provisions as - Inquiries and Trails
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 317. Provision for inquiries and trial being held in the absence of accused in certain cases.- (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.
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(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.
Study: explanations and related material
Now BNSS 355 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p18
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 300. Person once convicted or acquitted not to be tried for same offence
- 301. Appearance by public prosecutors
- 302. Permission to conduct prosecution
- 303. Right of person against whom proceedings are instituted to be defended
- 304. Legal aid to accused at State expense in certain cases
- 305. Procedure when corporation or registered society is an accused
- 306. Tender of pardon to accomplish
- 307. Power to direct tender of pardon
- 308. Trial of person not complying with conditions of pardon
- 309. Power to postpone or adjourn proceedings
- 310. Local inspection
- 311. Power to summon material witness, or examine person present
- 311A. Power of Magistrate to order person to give specimen signatures or handwriting
- 312. Expenses of complainants and witnesses
- 313. Power to examine the accused
- 314. Oral arguments and memorandum of arguments
- 315. Accused person to be competent witness
- 316. No influence to be used to induce disclosure
- 318. Procedure where accused does not understand proceedings
- 319. Power to proceed against other persons appearing to be guilty of offence
- 320. Compounding of offences
- 321. Withdrawal from prosecution
- 322. Procedure in cases which Magistrate cannot dispose of
- 323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
- 324. Trial of persons previously convicted of offences against coinage, stamp law or property
- 325. Procedure when Magistrate can not pass sentence sufficiently severe
- 326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 327. Court to be open