Examination stage in criminal case

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Here’s a detailed response to your queries: Is it mandatory for both the victim and the accused to be present for the hearing? It depends on the stage of the trial. Since the case is at the examination stage, the presence of witnesses, including the victim, is crucial. However, the accused may not be required to be present for every hearing if they have obtained an exemption under Section 205 CrPC or 317 CrPC (for temporary exemption). If there is no such exemption, the accused must attend. The victim has not received any summons for examination nor have their witnesses. Should the victim still attend? If the victim has not been formally summoned for examination, they are not legally obligated to appear. However, they can proactively check with the court or the Public Prosecutor (PP) regarding the status. In some cases, the summons may not be served properly due to court delays. If the victim is serious about the case, they should follow up to ensure timely examination. Since the PP is representing the victim’s case but the victim has not met or interacted with the PP yet, should the victim appoint an advocate, or is the PP sufficient? The PP represents the State and prosecutes on behalf of the victim in a 498A case. However, if the victim feels that the PP is not actively engaging or is not well-prepared, they can appoint a private advocate under Section 302 CrPC to assist the PP and ensure the case is properly presented. A private advocate can help prepare for the victim’s examination and cross-examination effectively. Next Steps for the Victim: Check with the court if summons for examination have been issued and follow up. Meet the PP to discuss the case and ensure proper representation. Consider hiring a private advocate to support the prosecution if needed.

Advocate Mrudhula Jahnavi LawRato