A joint reading of Sections 205 and 317 Cr.P.C. makes it clear that the Court has been empowered to dispense with the personal attendance of the accused at all stages. While Section 317 Cr.P.C. covers the stages after the commencement of inquiry or trial, Section 205 deals with commencement of the proceedings before the Magistrate thereby indicating that for proper reasons, the presence of the accused could be dispensed with right from the initial stage. The Code specifically provides in Section 205 that even for the first appearance, the Court, for reasons, could dispense with the personal attendance of the accused and permit him to appear by a pleader. It is the basic principle of criminal jurisprudence that nothing should take place behind the back of the accused and the Court should take all steps to ensure that a fair trial is given to him. It is on the basis of this principle that the accused is required to be present during the trial. No where in the Code we find that the accused has to be present at each and every hearing of the case. Where presence of the accused is necessary during inquiry or trial, it has been specifically provided in the Code.
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