Section 317 in The Code of Criminal Procedure

Title: Provision for inquiries and trial being held in the absence of accused in certain cases

Description: (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. STATE AMENDMENTS Gujarat In the principal Act, to section 317, the following Explanation shall be added, namely:-- "Explanation:--For the purpose of this section "Personal attendance of the accused” shall include his attendance through the medium of Electronic Video Linkage as provided in section 273.". [Vide Gujarat Act 31 of 2017, s. 6.]

Title: Procedure where accused does not understand proceedings

Description: If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.

Title: Power to proceed against other persons appearing to be guilty of offence

Description: (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub-section (1), then (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.

Title: Compounding of offences

Description: (1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table:--- 1[TABLE Offence Section of the Person by whom offence Indian Penal may be compounded Code applicable 1 2 3 Uttering words, etc., with deliberate 298 The person whose religious feelings intent to wound the religious are intended to be wounded. feelings of any person. Voluntarily causing hurt. 323 The person to whom the hurt is caused. Voluntarily causing hurt on 334 Ditto. provocation. Voluntarily causing grievous hurt 335 The person to whom the hurt is on grave and sudden provocation. caused. Wrongfully restraining or confining341, The person restrained or confined. any person. 342 Wrongfully confining a person for 343 The person confined. three days or more Wrongfully confining a person for 344 Ditto. ten days or more. 1 2 3 Wrongfully confining a person in 346 The person confined. secret. Assault or use of criminal force. 352, The person assaulted or to whom 355, criminal force is used. 358 Theft. 379 The owner of the property stolen. Dishonest misappropriation of 403 The owner of the property property. misappropriated. Criminal breach of trust by a carrier,407 The owner of the property in respect wharfinger, etc. of which the breach of trust has been committed. Dishonestly receiving stolen 411 The owner of the property stolen. property knowing it to be stolen. Assisting in the concealment or 414 Ditto. disposal of stolen property, knowing it to be stolen. Cheating. 417 The person cheated. Cheating by personation. 419 Ditto. Fraudulent removal or concealment 421 The creditors who are affected of property, etc., to prevent thereby. distribution among creditors. Fraudulently preventing from being 422 Ditto. made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of 423 The person affected thereby. transfer containing false statement of consideration. Fraudulent removal or concealment 424 Ditto. of property. Mischief, when the only loss or 426, The person to whom the loss or damage caused is loss or damage to 427 damage is caused. a private person. Mischief by killing or maiming 428 The owner of the animal. animal. Mischief by killing or maiming 429 The owner of the cattle or animal. cattle, etc. Mischief by injury to works of 430 The person to whom the loss or irrigation by wrongfully diverting damage is caused. water when the only loss or damage caused is loss or damage to private person. 1 2 3 Criminal trespass. 447 The person in possession of the property trespassed upon. House-trespass. 448 Ditto. House-trespass to commit an 451 The person in possession of the offence (other than theft) punishable house trespassed upon. with imprisonment. Using a false trade or property 482 The person to whom loss or injury is mark. caused by such use. Counterfeiting a trade or property 483 Ditto. mark used by another. Knowingly selling, or exposing or 486 Ditto. possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. Criminal breach of contract of 491 The person with whom the offender service. has contracted. Adultery. 497 The husband of the woman. Enticing or taking away or detaining498 The husband of the woman and the with criminal intent a married woman woman. Defamation, except such cases as 500 The person defamed. are specified against section 500 of the Indian Penal Code (45 of 1860) in column 1 of the Table under sub-section (2). Printing or engraving matter, 501 Ditto. knowing it to be defamatory. Sale of printed or engraved 502 Ditto. substance containing defamatory matter, knowing it to contain such matter. Insult intended to provoke a breach 504 The person insulted./bt of the peace. Criminal intimidation. 506 The person intimidated. Inducing person to believe himself 508 The person induced. an object of divine displeasure. (2) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table:--- 2[TABLE Offence Section of the Person by whom offence Indian Penal may be compounded Code applicable 1 2 3 Causing miscarriage. 312 The woman to whom miscarriage is caused . Voluntarily causing grievous hurt. 325 The person to whom hurt is caused. Causing hurt by doing an act so 337 Ditto. rashly and negligently as to endanger human life or the personal safety of others. Causing grievous hurt by doing an 338 Ditto. act so rashly and negligently as to endanger human life or the personal safety of others. Assault or criminal force in attempt-357 The person assaulted or to whom ting wrongfully to confine a person. the force was used. Theft, by clerk or servant of 381 The owner of the property stolen. property in possession of master. Criminal breach of trust 406 The owner of property in respect of which breach of trust has been committed. Criminal breach of trust by a clerk 408 The owner of the property in respect or servant. of which the breach of trust has been committed. Cheating a person whose interest 418 The person cheated. the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing 420 The person cheated. delivery of property or the making, alteration or destruction of a valuable security. Marrying again during the life-time 494 The husband or wife of the person so marrying. of a husband or wife. 1 2 3 Defamation against the President or the 500 The person defamed. Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his public functions when instituted upon] a complaint made by the Public Prosecutor. Uttering words or sounds or making 509 The woman whom it was intended to gestures or exhibiting any object insult or whose privacy was intruded intending to insult the modesty of a upon. woman or intruding upon the privacy of a woman 3 [(3) When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) or where the accused is liable under section 34 or 149 of the Indian Penal Code (45 of 1860) may be compounded in like manner.] (4) (a) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may, with the permission of the Court, compound such offence. (b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court, compound such offence. (5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard. (6) A High Court or Court of Session acting in the exercise of its powers of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section. (7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence. (8) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. (9) No offence shall be compounded except as provided by this section. 1. Subs. by Act 5 of 2009, s. 23, for the TABLE (w.e.f. 31-12-2009) 2. Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31-12-2009). 3. Subs. by Act 5 of 2009, s. 23, for sub-section (3) (w.e.f. 31-12-2009)

Title: Withdrawal from prosecution

Description: The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,-- (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences; (b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences: Provided that where such offence-- (i) was against any law relating to a matter to which the executive power of the Union extends, or (ii) was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or (iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or (iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.

CHAPTER 24 GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS