S.273 CrPC | Rajasthan HC Allows Six Booked In 259 Cases To Attend Trial Via VC, Says It Expects State To Amend Law On Appearance Of Accused

The Rajasthan High Court has permitted six men, having multiple FIRs registered against them for alleged financial crimes, to attend pending criminal trials through video conferencing noting that it may not be feasible for the accused to be physically present at multiple locations simultaneously. In doing so the court observed that as per Section 273 CrPC there is no legal impediment if the accused is represented by his counsel. Pointing to amendments made by Gujarat and Jharkhand to the provision allowing appearance through electronic video linkage, the court said it expects the State Government to consider amending the CrPC providing that in cases where accused is in judicial custody, and his personal appearance is not mandatory, proceedings may continue in his counsel's presence; where presence is necessary the jail authorities ensure accused's availability through VC. Justice Farjand Ali in his order noted:"After perusing the material available on record and considering the submissions made, it is evident that the present petitioner seeks permission for attending the criminal trials pending against him through video conferencing. To start with, it is not feasible for the accused to be physically present at multiple locations simultaneously. In the event of simultaneous proceedings, his physical absence leads to adjournments, thereby causing unnecessary delay. It has also been noticed that, in accordance with Section 273 of the Criminal Procedure Code (hereinafter to be referred as “CrPC”), there exists no legal impediment if the accused is represented by his counsel. The relevant provision mandates that evidence be taken in the presence of the accused or, when his personal presence is dispensed with, in the presence of his pleader. Thus, if required, the jail authorities may be directed to coordinate and ensure the accused's presence through video conferencing. This would enable the proceedings to continue effectively and prevent them from being rendered idle or infructuous merely due to the absence of the accused. This Court is of the view that the accused's non-appearance may be attributed to various reasons, such as the need to maintain law and order, transportation difficulties from jail to the court, unavailability of the police escort team, or other logistical constraints. Considering that six years have already elapsed in the ongoing proceedings, if the accused is not permitted to appear through video conferencing, it may take an unreasonably long time, potentially several decades, to conclude the trial". In the present case six accused were booked in multiple FIRs for alleged financial crimes, "leading to 259 cases across various districts". The court noted that in Rajasthan, although rules regarding video conferencing have been framed, no amendment in the CrPC has been made so far permitting appearance of accused through VC. In this background, the Court said:“In view of the above, this Court expects the State Government to consider making a suitable amendment in the CrPC, providing that in cases where the accused is in judicial custody and his personal presence is not mandatory, the proceedings may continue in the presence of his counsel. Furthermore, in cases where the accused's presence is deemed necessary, the jail authorities shall ensure the accused's availability through video conferencing to prevent the wastage of judicial time and the proceedings can be completed effectively.”Accordingly, the petition was allowed, and the State was directed to make suitable arrangement in Central Jail to facilitate petitioners to appear through VC. Title: Vikram Singh Indroi & Ors. v State of Rajasthan & Ors.Citation: 2025 LiveLaw (Raj) 124Click Here To Read/Download Order

S.273 CrPC | Rajasthan HC Allows Six Booked In 259 Cases To Attend Trial Via VC, Says It Expects State To Amend Law On Appearance Of Accused

Nupur Agrawal

Tags