498a - attendance for framing of charges

This query is : Resolved 

19 May 2015

Dear Experts:

My 498a trial is about to start shortly and I believe the first step is framing of charges.

My parents are very old and are unable to travel to court for the framing of charges part of it. Can my parents give a general power of attorney to my lawyer with a written statement stating "not guilty" etc instead of being present in the court?

Is there any way they can get an exemption from attending court? Is there any other alternative, such as framing of charges via a video conference?

Thank you all.

Nadeem Qureshi (Expert)
20 May 2015

Personal presence of the accused is mandatory at the time of framing charge.
After the charge the court may exempt the personal appearance if accused file an application under Section 205 of crpc.

Rajendra K Goyal (Expert)
20 May 2015

Personal presence is required at the time of framing charges.

T. Kalaiselvan, Advocate (Expert)
22 May 2015

The general power of attorney for accused is not acceptable. They can apply for dispensing with the personal appearance before court under the provisions of section 205 oc cr.p.c.

Ms.Usha Kapoor (Expert)
12 July 2018

I agree with Kalai Selvan

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