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Accused of IPC 294,166,504 case type 1.c.c, 10 years back(Exchange of


09-Sep-2023 (In Criminal Law)
A complaint was issued at District Court 10 years before framing the following charge 294,166,504 The accused was working at Bank and he had exchange of words with a customer and the customer filed the at District court. Now the trail is starting. The accused is suffering from Dementia and not able to carry out day today activity on his own. He stays at his Son's place in other state, He doesn't possess the ability to attend the court. Is there any way accused get relive from the case. Pls advic
Answers (1)

Answer #1
681 votes
Yes absolutely there is chance of getting relief from personal attendance in the court. As it could be seen that the accused is suffering from dementia which is a chronic health problem, the court can do away with the personal attendance of the accused person. Once the trial starts after appearance of the accused in the court, the lawyer whom the accused might have engaged on behalf of him to appear shall pray to the court under section 205 CrPC that the accused is severely ill and bed ridden and does not possess the ability to come to the court due to his sever medical condition hence the lawyer must prayer to do away with the personal attendance of the accused person. Once the court grants leave to appear through his advocate the accused does not need to appear before the court until the stage of accused statement or judgment. And if the accused wants to get away with the case then the best thing is to enter into a compromise, as the above charged sections of IPC are compoundable in nature. Then the complainant and the accused has to present a compromise petition before the Court to do away with the case. Then through an order, the judge concerned would discharge the accused forthwith. Hence th criminal case can come to an end.
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