Examination Of Witnesses In The Absence Of Accused Is A Curable Irregularity: SC [Read Judgment]

Ashok Kini

12 April 2019 12:20 PM IST

"Barring those stipulated in Section 461, the thrust of the Chapter is that any infringement or irregularity would not vitiate the proceedings unless, as a result of such infringement or irregularity, great prejudice had occasioned to the accused. "

Absence of the accused while taking evidence of prosecution witnesses, by itself, would not vitiate the trial, unless great prejudice has caused to the accused, the Supreme Court has held, while upholding a High Court judgment which ordered fresh trial in a murder case. The bench comprising of Justice Uday Umesh Lalit and Justice Indu Malhotra was considering an appeal against High...

Examination Of Witnesses In The Absence Of Accused Is A Curable Irregularity: SC [Read Judgment]

Ashok Kini

"Barring those stipulated in Section 461, the thrust of the Chapter is that any infringement or irregularity would not vitiate the proceedings unless, as a result of such infringement or irregularity, great prejudice had occasioned to the accused. "

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