Om Misra
Asked November 29, 2016

Legal position on constructive appearance in Court

  • 4 Answers

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.

Answers 4

under which section case is registred against you

Agree Comment 0 Agrees over 5 years ago

Dear Sir

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. 

Deepak Raut

Agree Comment 0 Agrees over 5 years ago

Merely based on arguments you cannot decide if you are acquitted. It is for the judge to decide.

Agree Comment 0 Agrees over 5 years ago

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.

Agree Comment 0 Agrees over 5 years ago

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