115,303(2),309,351 bns sections

735 votes

Do seek a detailed legal consultation for your ongoing legal issues. Do engage a lawyer and brief him about the facts and take legal guidance going forward. Do share the copy of summons. You can explore filing a case from Delhi also. Do connect with detailed particulars

Advocate Anubhav Kathuria LawRato

680 votes

Hi there, in the scenarios of counter/motivated cases generally court allows such exception. However, in order to provide you with appropriate advice I'll need details of the case. It's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato

625 votes

In cases instituted on a private complaint, once the court has taken cognizance and issued summons, appearance is generally required. However, personal appearance can be exempted under Section 205 CrPC or Section 317 CrPC, depending on the stage of proceedings. Given the facts stated—father being a heart patient, the daughter-in-law having minor children, and the brother having no connection with Bihar—you may file an application seeking exemption from personal appearance supported by medical documents and relevant grounds. The court may permit representation through counsel. Regarding appearance through video conferencing, many courts (including in Bihar) do allow it in appropriate circumstances, but it is subject to the discretion of the concerned magistrate. A specific application requesting VC appearance can be moved. contact me for minimum fees

Advocate Madhvi Chopra LawRato

568 votes

From the facts stated by you, it appears that a private complaint has been filed in Bihar against the daughter-in-law and her family members, possibly as a counter to proceedings initiated by her in Delhi. At the stage where summons have been issued, the court is only satisfied that a prima facie case exists. This does not mean that warrants will automatically be issued. Warrants are issued only if the accused fail to appear despite service of summons or directions of the court. In such cases, personal appearance is generally required; however, the law does provide some relief. The accused persons can file an application through a lawyer seeking exemption from personal appearance on valid grounds such as medical condition, distance, or family circumstances. Courts do consider such requests, especially where genuine difficulty is shown, such as a heart patient or a person having responsibility of minor children. Appearance through a lawyer is permissible for certain stages, but the court may insist on personal appearance at specific stages of the case. Video conferencing appearance is also being permitted by many courts, but it depends on the discretion of the concerned court and proper application has to be moved. Considering your facts, the father’s medical condition, responsibility of children, and distance can be strong grounds to seek exemption or virtual appearance. It is advisable to immediately engage a local counsel in Bihar to file: Application for exemption from personal appearance Application seeking permission for appearance through counsel or via video conferencing In conclusion, you are not required to panic at the stage of summons. Proper legal applications can be filed to avoid personal travel, and the court generally grants relief in genuine cases.

Advocate Yuganshu Sharma LawRato

878 votes

1. It can lead to serious consequences and need to handled timely. 2. Yes warrants can be issued by court if they don’t appear despite summons. 3. Yes if video conferencing facilities are available in that particular court. 4. About medical conditions- have to be informed to court for exemption from appearance. Note: Key is timely management of the case.

Advocate Abhimanyu Yadav LawRato