Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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divya (na)     19 November 2009

old mother unable to attend case

my mothers chain had been snatched by thieves riding on a autorichshaw. no one saw them or noted the auto number. however she lodged an FIR stating the above. now the matter has come to court. she has been asked to attend the court. however she is very old , not well and  living alone now and cannot go to the court. someone suggested an certificate stating that above will suffice. please advice if it is so? can someone giveme a draft of such certificate and guide me about the formalities. if certificate is not the way , then please advice as to what action can be taken ?


 5 Replies

Meenakshi (Lawyer)     19 November 2009

 Divya u being the daughter can in her place appear on her behalf.....U can furnish medical docs if u want to court to convince them abt the state of Health your mother is in......

1 Like

Meenakshi (Lawyer)     19 November 2009

 A written statement by your mom i think shuld suffice....:-)With her signatures on it

1 Like

N.K.Assumi (Advocate)     21 November 2009

In addition to Menakshi's answer, I would also suggest that you pray to the court for issue of commission under criminal procedure code to examine her by the commission.

Nali Seshu Kumar (SOCIAL WORKER)     26 December 2009

follow assumi sir' s reply.

Ziaur Rahman ( Practice)     01 January 2010

Divya, Your mother can be granted relief by the court under the following sections of Code of criminal procedure 1973.

"284. When attendance of witness may be dispensed with and commission issued.(1) Whenever, in the course of any inquiry, trial or

other proceeding under this Code, it appears to a Court or Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter". I think this will serve your purpose.

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