Court appearance

shyam lal (Querist) 11 March 2021 This query is : Resolved
Is it law that the complainant in a criminal case (lower court) has to be physically present on every date/hearing?

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In criminal cases, complainants are generally required to be present at every court hearing unless the court grants an exemption. This is crucial for state cases where the complainant's presence is needed to prove allegations. However, for cheque dishonour cases, attendance may not be mandatory on every date, especially if a lawyer is present. It's important to distinguish between a court date and a hearing date, as presence is typically required for hearings.

Raj Kumar Makkad (Expert) 11 March 2021
Yes, the complainant is required to be personally present on each and every hearing in a criminal complaint unless he has been granted exemption by the concerned court.

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Dr J C Vashista (Expert) 13 March 2021
In a state case the complainant is required toappear before the Court in prosecution evidence to prove allegations / charges against the accused.
In a cheque dishonour case, it is not compulsory for the complainant to be present on each and every date.
It depends upon case to case.

Hemant Agarwal (Expert) 13 March 2021
1. Complainant NEED NOT be present on every "DATE" provided his Lawyer is present on the Date.

2. HOWEVER "complainant" MUST be present on every "HEARING" proceedings in the Court.
Note: the difference between a Court Date and a Hearing Date.

Keep Smiling .... Hemant Agarwal
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