Section 317:
Provision for inquiries and trial being held in the absence of accused in certain cases.
(1) At any
stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the
personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused
persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a
pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any
subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his
personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such
inquiry or trial, or order that the case of such accused be taken up or tried separately.
STATE AMENDMENT
Gujarat In the principal Act, to section 317, the following Explanation shall be added, namely: --
"Explanation:--For the purpose of this section “Personal attendance of the accused” shall include his
attendance through the medium of Electronic Video Linkage as provided in section 273.”.
[Vide Gujarat Act 31 of 2017, s. 6.]