All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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36.

Magistrate may dispense with personal attendance of accused under Section ___________ of Cr. P.C

A: 201
B: 204
C: 205
D: 200

The answer is: C

Explanation

The correct option is C: 205.

Section 205 of the Code of Criminal Procedure, 1973 (CrPC) empowers the magistrate to dispense with the personal attendance of the accused and permit him to appear by his pleader, if he sees reason to do so. The purpose of this section is to avoid unnecessary hardship and inconvenience to the accused, especially in summons cases, where the offence is not of a serious nature. However, the magistrate can also direct the personal attendance of the accused at any stage of the proceedings, if he deems it necessary, and enforce it by issuing a warrant or imposing a fine. Section 205 CrPC is different from Section 317 CrPC, which allows the court to grant adjournment or exemption from personal appearance to the accused only on sufficient grounds, such as illness, and only after the accused has appeared at least once before the court. Section 205 CrPC can be invoked by the accused at the time of issuing the summons, without any prior appearance.