Appearance of A3 through VC for framing of charges due to health issue

724 votes

You should be ready for the medical and your lawyer should represent your case with genuine medical ground while you being online present then its judge’s understanding and reserve the decision based on your condition and certificates that he will allow your VC presence or may call for another date to present in person to hear the matter

Advocate Sachin Rastogi LawRato

666 votes

File an Application Move an application before the Sessions Court seeking: Exemption from personal appearance OR Permission to appear via VC for the specific date. Mention Legal Grounds Cite: Serious health condition Distance (800 km) Readiness to comply with court directions via VC contact me for minimum fees

Advocate Madhvi Chopra LawRato

958 votes

Yes, a Sessions Court has the discretion to permit an accused (A3) to appear through Video Conferencing (VC), even at the stage of framing of charges, particularly where sufficient and genuine grounds such as serious medical conditions and inability to travel long distances are demonstrated. However, such permission is not automatic and depends on judicial satisfaction. The Court will consider factors such as the nature of the offence, the necessity of the accused’s physical presence, medical evidence, and whether any prejudice would be caused to the prosecution. Procedure to follow: File a formal application before the Sessions Court seeking exemption from personal appearance and permission to appear via VC. Clearly state the medical condition and difficulty in travel (800 km distance). Annex supporting medical documents, prescriptions, and, if possible, a doctor’s certificate specifically advising against travel. Undertake that A3 will remain available through VC on all dates as directed by the Court. Ensure counsel is physically present before the Court to represent A3. If required, request that identity verification be conducted at the start of VC proceedings. Courts in recent years, especially post-COVID, have been more receptive to VC appearances, provided the request is bona fide and supported by proper documentation. If the Court is satisfied, it may allow A3 to participate through VC while other accused remain physically present. It is advisable to move the application well in advance of the date fixed for framing of charges.

Advocate Yuganshu Sharma LawRato

808 votes

for framing of the charges normally the accused is required to be present in court but in case that is not possible then medical grounds are to be submitted by the learned advocate in front of the court and the court will allow the VC for framing of the charges..however it is advisable that advice of the learned advocate should be taken in this case

LawRato LawRato

710 votes

if an accused is unable to travel to the court due to serious health issues his advocate can file an application for exemption from personal appearance. if such an application is allowed the accused can appear through VC provided the advocate for the accused is present in the court at the time of framing of charge.

Advocate Kunal Seth LawRato