Provision for inquiries and trial being held in the absence ofaccused in certain cases
Section 317 of the Code of Criminal Procedure, 1973 deals with provision for inquiries and trial being held in the absence ofaccused in certain cases. 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 i The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
(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.
Section 317, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 355 Provision for inquiries and trial being held in absence of accused in certain cases Text carried over almost unchanged 85%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Punjab vs Hari Singh
Court's Decision & Legal Precedent
Where an accused is charged with possession of narcotic articles under Section 15 of the NDPS Act, conscious possession - meaning awareness of the nature of the article coupled with a deliberate or intended state of mind - is an essential legal requirement. In the absence of questioning the accused under Section 313 CrPC regarding this vital element of the prosecution case, the trial suffers from a serious procedural infirmity that cannot be cured by circumstantial evidence of physical possession alone, and the conviction must be set aside as violating the fundamental principles of natural justice and fair trial.
On this section: Section 317 relates to power to dispense with personal attendance of accused in certain circumstances.
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Dr. Anbumani Ramadoss vs Central Bureau of Investigation
Court's Decision & Legal Precedent
In view of current judicial policy on hybrid hearings, an accused residing far from the court is entitled to appear virtually provided they do not dispute identity and their counsel is physically present.
On this section: Power to hold inquiry or trial in the absence of the accused.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 317
What have the courts held on Section 317 of the Code of Criminal Procedure?
State of Punjab vs Hari Singh (16 Feb 2009) is the leading judgment on this section among those set out below: Section 317 relates to power to dispense with personal attendance of accused in certain circumstances. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2009 to 2023.
How do I find court cases under Section 317 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 317, section 317 CRPC, section 317 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State of Punjab vs Hari Singh (16 Feb 2009).
What should I read with Section 317 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 355 (Provision for inquiries and trial being held in absence of accused in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 317 of the Code of Criminal Procedure come into force?
Section 317 of the Code of Criminal Procedure, cited as CRPC 317, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.