In the criminal justice system, the general rule is that a trial must take place in the presence of the accused. However, there are instances where requiring a person to appear in court for every single hearing can cause undue hardship without adding any value to the proceedings.
What is an Exemption Petition?
Under Section 205, a Magistrate has the discretionary power to allow an accused to stay away from the courtroom during the trial. This is often used for routine hearings where no evidence is being recorded or where the identity of the accused is not in dispute.
Common Grounds for Exemption:
- Medical Issues: Chronic illness, old age, or physical disability that makes travel difficult.
- Professional Commitments: High-ranking officials, doctors, or individuals working abroad whose absence would cause public or professional harm.
- Distance: The accused resides very far from the court or in a different country.
- Nature of the Case: The offense is minor (e.g., a summons case) and the presence of the accused isn’t vital at that specific stage.
The “Catch” in Section 205
While the court may grant an exemption, it is always conditional. Under Section 205(2), the Magistrate can, at any stage of the proceedings, direct the personal attendance of the accused if they feel it is necessary (for example, to frame charges or to identify the person).
Key Requirements:
- Representation: The accused must be represented by a lawyer during their absence.
- No Dispute on Identity: The lawyer must undertake that the accused will not dispute their identity later.
- Prompt Appearance: The accused must promise to appear whenever the court specifically orders them to do so.
Draft Template: Exemption Petition (Section 205 CrPC)
IN THE COURT OF THE [NAME OF THE COURT], AT [CITY] Case No. ____ of 2026
In the matter of: The State / [Complainant Name] … Prosecution/Complainant -Versus- [Accused Name] … Accused-Petitioner
PETITION UNDER SECTION 205 OF THE CrPC FOR EXEMPTION FROM PERSONAL APPEARANCE
The Petitioner most respectfully showeth:
That the Petitioner is an accused in the aforementioned case and has the highest regard for the authority of this Hon’ble Court.
That the Petitioner is currently residing at [Address/Country] and is [mention reason: e.g., suffering from severe ailment / holding a high-responsibility job / an elderly citizen].
That the Petitioner’s personal appearance on every date of the hearing would cause immense physical and financial hardship.
That the Petitioner’s learned Advocate is fully authorized to represent the Petitioner and proceed with the case in his/her absence.
That the Petitioner undertakes not to dispute his/her identity and further undertakes to appear before this Hon’ble Court whenever his/her presence is deemed absolutely necessary or specifically ordered.
That the Petitioner’s absence will not prejudice the trial or the prosecution’s case.
Prayer: It is, therefore, prayed that your Honor may graciously be pleased to dispense with the personal attendance of the Petitioner and permit him/her to appear through his/her learned Advocate under Section 205 of the CrPC until further orders.
And for this act of kindness, the Petitioner shall ever pray.
Place: [City] Date: [Current Date]
[Signature] Advocate for the Petitioner