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Discussion > Criminal Law > Dowry > sec.205 of crpc   Unanswered Threads Post New Topic

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There are 5 Replies to this message


karthik


advocate
[ Scorecard : 204]
Posted On 07 June 2011 at 07:58 Report Abuse

Dear members,

Is there any judgement disallowing the women accused from personally appearing before the court in dowry prohibition cases? One of the petitioner a women accused filed petition u/s.205 of crpc citing health conditions. Cognizance was taken u/s.4 & 6 of dowry prohibition act and secs.406,120B r/w 34 of ipc. I need citations which orders the personal appearance of the accused is a must...kindly reply.



G.Nagarajeshwar Rao


Advocate
[ Scorecard : 637]
Posted On 07 June 2011 at 09:49 Report Abuse

You are asking for citations for "personal attendance is must". But it is depends upon the reasons put forth by the petitioner / accused who desires to get order for dispensing from personal attendence before the court. The Hon'ble supreme court held in the following citations against your requirement.

2002 (10) SCC 401

and

2005 (12) SCC 331.

see those citations, how you can build up your version. 


PJANARDHANA REDDY


ADVOCATE & DIRECTOR
[ Scorecard : 5307]
Posted On 07 June 2011 at 09:52 Report Abuse

NO SUCH JUDGMENT, YOU CAN GET ANY NO. OF JUDGMENTS IN ALLOWING 205. WOMEN HAVE SUCH PRIVILLAGE IN INDIA, EVEN CIVIL ARREST ALSO EXEMPTED BY ACT


Arup


UNEMPLOYED
[ Scorecard : 11089]
Posted On 08 June 2011 at 19:08 Report Abuse

she (the accused)  may get exampted by prtition to the concerned court.

this facilitity also available for male also.


Arup


UNEMPLOYED
[ Scorecard : 11089]
Posted On 08 June 2011 at 19:51 Report Abuse

 

205. Magistrate may dispense with personal attendance of accused.

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

 

it is within the act. citation not required.


Arup


UNEMPLOYED
[ Scorecard : 11089]
Posted On 08 June 2011 at 20:12 Report Abuse

hereby quoting some case reference from a lawbook, which may help you.

 

Quote

if the accused is a female the magistrate should not refuse to excuse her personal attendence merely on his own impression that she is not a pardah lady ( mahomed 4 ic 1152, 1153; see also kaveri v. state 1995 cr l j 224 ori);

or on the ground that other ladies belonging to the same class who observedpardah had appeared in court out of their own free will ( tirbeni 28 cr l j 94 all);

in a trialbefore a magistrate, she may be permitted to appear by a pleader during the whole trial; in a seasons case, she may appear by a pleader before the committing magistrate as well as before the seasons court; but in either case she will have to appear before the court to here the sentences in case of conviction ( raj rajeswari 15 cr l j 281, 283).

unquote.



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