Legal position on constructive appearance in Court
Dear Sir There is criminal case against myself. Proceedings under 313 Cr PC are over. As per arguments between parties. I am supposed to get acquittal. I am advised by my advocate that I had to appear during delivery of judgment. I have gone through crpc 353(6) .I understand compulsory presence of accused is not mandatory if judgment is of acquittal. I am ready to appear before court by constructive appearance. By appearance by Skype What apps or Viber. Please advise me on legal position. If any settled case. Regards.
There is no such provision to appear through whatsapp or Viber. Believe upon your lawyer. If for any personal reason you are unable to attend the court, ask your advocate to remain present and to file an application for exemption.
While you are right that S. 353(6) does not require compulsory appearance in cases of acquittal; one cannot merely predict the judgment in advance. Currently there is no direct provision which may allow you to appear through Skype. We recommend you to follow the advice of your counsel and ensure physical appearance.
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