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Exemption from Personal Appearance

Authors
  • An Application for Exemption from Personal Appearance is a request filed before the court by an accused seeking permission to be represented by their advocate without personally attending proceedings.
  • It is not an automatic right; rather, it is subject to the discretion of the court, balancing the accused’s convenience and the interest of justice.
  • The court may grant exemption permanently, for specific hearings, or conditionally.

Legal Basis

  • Section 205, CrPC – Empowers a Magistrate to dispense with the personal attendance of the accused and allow representation through a pleader.
  • Section 317, CrPC – Applies during trial/inquiry, permitting the case to proceed without the accused if represented by counsel, provided justice is not hampered.

Grounds for Seeking Exemption

  • Medical grounds (illness, surgery, hospitalization).
  • Distance/Hardship (accused living in another state or abroad).
  • Work or professional commitments (unavoidable official duties).
  • Family emergencies (marriage, death, caregiving).
  • Financial constraints (inability to travel frequently).

Stages When It Can Be Applied

  • Before first appearance: Application can be filed along with bail or prior to summons return date.
  • During trial: When attendance causes undue hardship but counsel is ready to proceed.
  • Appeal/Revision stages: Where physical presence is not essential to justice.

Judicial Precedents

  • Sushila Devi v. Sharda Devi (1960) – Exemption is not a right, but a discretionary relief.
  • Ajay Kumar Bisnoi v. M/s. Kei Industries Ltd. (2015, Madras HC) – Balance between convenience of accused and interest of justice must be maintained.
  • V.S. Reddy v. Excel Glasses Ltd. (2010, Kerala HC) – Exemption may be sought even before execution of bail bond if sufficient reasons exist.

Sample Application for Exemption

IN THE COURT OF [COURT NAME]
Case No.: [Case Number]
In the matter of:
State v. [Accused Name]

APPLICATION UNDER SECTION 205/317 CrPC FOR EXEMPTION FROM PERSONAL APPEARANCE

MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned case is pending before this Hon’ble Court and is listed on [Date].
2. That the Applicant/Accused, [Name], is unable to appear personally on the said date due to [state reason: e.g., medical illness, professional duty, family emergency].
3. That the Applicant has duly authorized [Advocate’s Name], Advocate, to appear and represent them in this matter.
4. That the absence of the Applicant is neither deliberate nor willful but due to circumstances beyond control.
5. That no prejudice will be caused to the opposite party or the proceedings if the present application is allowed.

PRAYER
It is, therefore, humbly prayed that this Hon’ble Court may kindly:
1. Exempt the personal appearance of the Applicant/Accused on [Date], and
2. Permit their counsel to represent them on their behalf.

[Place]
[Date]
[Signature of Advocate]
[Name & Enrollment No.]
[Address]
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