Is exemption possible for Complainant in Criminal case

[Ullhas Patil]

Dear sir,

My father has filed private case against his brother under IPC sec. 504, 506, 323, 324 and 325 with medical evidences. As on date my father has given his statement before the court and is cross examined by accusers advocate. My father is 70 years old and travelling of around 6-7 hours to attend court from pune to sangli is not possible for him on every given court date. Hence is it possible to get exemption for him in said case. If yes, under which section an application should me made.

Thanking you,

Best Regards,
Ullhas Patil

[Dr. Ashok Dhamija]

In a private complaint case, such as yours, if the complainant has appointed an advocate, the court will generally not insist on the personal attendance of the complainant except when it may be necessary. So, if your father, who is the complainant, has appointed an advocate to represent him and conduct the case, he should be in a position to get exemption from personal attendance, except when it is found to be necessary.

Living at a far-away place from the court becomes an additional ground to seek exemption from personal attendance, though it is not necessary that the court will always agree to dispense with the personal attendance on this ground alone.

Your father can make an application to the court for personal exemption.

Also see:

• Dispensing with personal attendance of accused or complainant – difference between Sections 205 and 317 of Cr.P.C.
• Permanent exemption from appearing in cheque bounce case

 

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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