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Showing posts with label personal exemption. Show all posts
Showing posts with label personal exemption. Show all posts
Saturday, 25 October 2025

Kerala HC: Accused Exempted From Personal Appearance including accused residing abroad Can Answer Questions Virtually Or In Writing as per S.351 BNSS

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 In Basavaraj R.Patil and others v. State of Karnataka and others [(2000) 8 SCC 740], while considering the question whether the accused can...
Thursday, 27 June 2024

Important Supreme Court Judgments on bail(Part 3)

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  1) Supreme Court: Participation in protest and expression of strong views is not violation of bail conditions-bail is not liable to be can...
Thursday, 2 May 2024

Whether the court can give personal exemption to accused if he has not given the bail?

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Further, the observation that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct,...
Sunday, 24 April 2022

Whether accused can claim blanket exemption from personal appearance in dishonour of cheque case?

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Learned counsel has referred to a decision of this Court in the case of M/s Bhaskar Industries Ltd. v. M/s Bhiwani Denim Apparels Ltd.: (200...
Saturday, 20 June 2020

Whether the order passed by the court in an application for grant of personal exemption to accused operates as res judicata or estoppel?

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Equally unsustainable is the finding of the learned Magistrate that the petitioner was not entitled to apply for exemption from personal a...

Supreme court: Procedure to be followed by Criminal court if accused is unable to remain present before the court for recording his statement U/S 313 of CRPC in warrant or session trial

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  Section 243(1) of the Code enables the accused, who is involved in the trial of warrant case instituted on police report, to put in any ...
Sunday, 1 March 2020

Supreme Court guidelines for grant of personal exemption to accused from attending court in criminal proceeding

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 The position, therefore, boils down to this: it is within the powers of a Magistrate and in his judicial discretion to dispense with the ...
Saturday, 10 March 2018

Whether trial court should grant personal exemption to accused in cheque dishonour case as a matter of course?

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In Basavaraj R. Patil and Ors. (supra) while advocating a pragmatic and humanistic approach in less serious offences, Thomas, J. speaking ...
Sunday, 9 April 2017

Whether accused can claim personal exemption as per S 205 of CRPC as of right?

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  It is an admitted fact that the petitioner is the 4th accused in C.C. No. 1731 of 2014 on the file of the Judicial First Class Magistrat...
Monday, 16 May 2016

Whether Personal exemption U/S 205 of CRPC can be granted to accused in petty offences?

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It does speak about the procedure to be followed by the accused in case he receives summons in petty offences. If such summon issued u...
Tuesday, 10 May 2016

Whether personal exemption can be granted to accused in serious offence?

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It does speak about the procedure to be followed by the accused in case he receives summons in petty offences. If such summon issued unde...
Friday, 29 April 2016

Whether accused can be granted exemption from appearance in court even if he has not furnished bail bond?

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As far as the provisions of  Section 88  Cr.P.C. are concerned, as quoted above, such provisions can be availed only in case the person fo...
Thursday, 12 November 2015

When application of accused for personal exemption will be rejected?

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"It appears that the sole objective of accused behind moving this application is to somehow delay the trial of the case, because in...
Monday, 9 November 2015

Whether court can close cross examination of accused while granting him personal exemption?

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On hearing the learned Counsel for the parties, it appears that it was only on 18/12/2014 that the further crossexamination of the petiti...