Difference between 205 and 273 of the CrPc

Sec. 205 & Sec 273 Cr. P. C. has its independent sanctity. sec. 205 provide special privilage to the accused to be represented through Lawyer with the permission of the court. Whereas Sec. 273 defines that "all evidence shall be taken in presence of the accused, whether by his personal apperance or represented through lawyer if personal attendance is dispenced with( either u/s 205 or Sec 317 of Cr. P. C.).

I think, now get have clear concept.

Manoj Kumar

Advocate

Civil Court, Dhanbad, Jharkhand

Dear Manoj, thank you very much indeed for the responds. That means Section 205 operates prior to Trial and Section 273 at the time of Trial that is recording of Evidence under Chapter XXIII of the Criminal procedure Code right?

It is observed by the Hon'ble Orissa High court as follows:

Both Sub−section (1) of Section 205, and Section 273, of the Cr PC provide for exemption of an accused from personal attendance; but they refer to different stages of the proceeding.

While the former deals with initial appearance of accused before the Magistrate who issues summons,

the latter deals with presence of accused at the trial and empowers the Presiding Officer to dispense with personal attendance of the Accused at the trial.

Sub−section (2) of Section 205 empowers the Magistrate to direct personal attendance of the accused if necessary at a later stage. Section 313, CrPC permits dispensation of personal attendance of the accused for the purpose of examination under the said Section, when in a summons case the Court has dispensed with personal attendance.

Section 273, incorporates the general principle that all evidence taken in course of the trial or other proceedings shall be taken in presence of the accused.

Kindly go through the attached Judgment of Orissa High Court.

Thank you Aejaz, for providing the right citation covering the issues between 205 and 273 CrPc. The Allahbad high Court and Patna High Court had made similar observations unfortunately I dont have those judgement, but your citation is very clear on this issues. Thank you once again.