Section 317 CrPC: Provision for inquiries and trial being held in the absence of accused in certain cases

Code of Criminal Procedure, 1973

Section 317 CrPC at a Glance

Section 317 CrPC deals with provision for inquiries and trial being held in the absence of accused in certain cases. From 1 July 2024 it is replaced by Section 355 BNSS.

Now BNSS

Section 355 →

What Section 317 CrPC Says

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.

Source: Section 317, Code of Criminal Procedure, 1973

Section 317 CrPC in Simple Words

Section 317 of the Code of Criminal Procedure, 1973 deals with inquiries and trials held in the absence of the accused in certain cases. At any stage of an inquiry or trial under the 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.

At any subsequent stage of the proceedings, the Judge or Magistrate may direct the personal attendance of such accused. If the accused is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, Section 317(2) CrPC says 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.

When Section 317 CrPC Applies

Section 317(1) CrPC applies at any stage of an inquiry or trial under the Code, when 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.
Under Section 317(1) CrPC, 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.
Under Section 317(1) CrPC, the Judge or Magistrate may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
Section 317(2) CrPC applies 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.

Example of Section 317 CrPC

Anil is on trial before a Magistrate under the Code and is represented by a pleader. The Magistrate is satisfied, for reasons to be recorded, that the personal attendance of Anil before the Court is not necessary in the interests of justice. The Magistrate dispenses with the attendance of Anil and proceeds with the trial in the absence of Anil. At a subsequent stage of the proceedings, the Magistrate may direct the personal attendance of Anil.

When Section 317 CrPC Does Not Apply

Section 317 CrPC speaks of the personal attendance of the accused before the Court. It does not deal with the attendance of a witness.

Section 317 CrPC Under BNSS 355: What Changed

Section 317 CrPC is now covered under Section 355 BNSS.

From 1 July 2024, Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 317 of the Code of Criminal Procedure, 1973. The heading is the same. Section 355(1) BNSS reads under this Sanhita where Section 317(1) CrPC read under this Code, and Section 355(1) BNSS and Section 355(2) BNSS read an advocate where Section 317(1) CrPC and Section 317(2) CrPC read a pleader. Section 355 BNSS adds an Explanation, which says that personal attendance of the accused includes attendance through audio-video electronic means. Section 317 CrPC has no counterpart to it.

View detailed comparison (CrPC 317 vs BNSS 355) →

FAQs on Section 317 CrPC

When may a Judge or Magistrate proceed in the absence of the accused under Section 317 CrPC?▼

Under Section 317(1) of the Code of Criminal Procedure, 1973, at any stage of an inquiry or trial, 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.

Can the Judge or Magistrate later direct the accused to attend in person under Section 317 CrPC?▼

Yes. Section 317(1) CrPC says the Judge or Magistrate may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

What can the Judge or Magistrate do under Section 317(2) CrPC if the accused is not represented by a pleader?▼

Section 317(2) CrPC says that 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.

Where is Section 317 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 317(1) CrPC is found in Section 355(1) BNSS and Section 317(2) CrPC in Section 355(2) BNSS. Section 355 BNSS also has an Explanation, which has no counterpart in Section 317 CrPC.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·