Whether presence of accused is mandatory at the time of judgment?

Section 353 in The Code Of Criminal Procedure, 1973

353. Judgment.

(4) Where the judgment is pronounced in the manner specified in clause (c) of sub- section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost.

(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced.

(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted: Provided that, where there are more accused than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence.

(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place.

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GUJARAT HC:LOWER COURTS TO CONTINUE TRIALS EVEN IF ACCUSED ABSCOND

Ahmedabad: Gujarat high court has directed all lower courts to continue with trial and pronouncement of final verdict even if the undertrial persons are absconding and do not attend court proceedings.

Under instructions of the Chief Justice RS Reddy the registrar general of the HC has issued a circular for all judicial officers of the state to follow the provisions of sections 299 and 353(6) of the Criminal Procedure Code. These provisions allow the court to conduct trial and record evidence in absence of the accused person, and to deliver final verdict too.

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