At any stage of the inquiry or trial, a judge or magistrate may, if the accused is represented by a Pleader, dispense with his attendance, and proceed with the inquiry or trial in the absence of the accused, if the Judge or Magistrate is satisfied, for reasons to be recorded—
(a) That the personal attendance of the accused before that Court is not necessary in the interest of justice; or
(b) That the accused persistently disturbs the proceedings in the Court.
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ADVERTISEMENTS:
However, at any subsequent stage of the proceedings, the Judge or Magistrate can call for the personal attendance of the accused.
If, however, the accused is not represented by a Pleader, the Judge or Magistrate may either adjourn the inquiry or trial, or order that the case of such an accused be taken up or tried separately. (S. 317)
The Kerala High Court has held that in all trivial and technical cases not involving moral turpitude, and in cases where the accused are ladies or old and sickly persons or factory workers or labourers or busy business people or industrialists, the Courts should invariably lean towards exemption of such persons from personal attendance. (Helen, — 1937 Cr. L.J. 262)