COMPELLING THE PRESENCE OF AN ACCUSED: HOW TO FIND A NEEDLE IN A HAYSTACK
Keywords:
summons, systemic, CrPCAbstract
The presence of the accused during his trial is of vital importance to ensure that all fairness is ensured to him in his prosecution and a significant portion of the existing discourse in criminology addresses the rights of the accused in such proceedings. This paper however seeks to address an area that needs much focus, especially in the wake of recent developments – the systemic redressal mechanism when an accused deliberately conceals his presence. The phrase ‘systemic’ is deliberate: a large reason for the delay in disposal of criminal cases in India is the time expended in compelling the presence of an accused. This piece aims to analyze the manner in which chapter VI of the Code of Criminal Procedure, 1973 is implemented in courts in India today and subsequently, suggest possible changes to make them more efficient. On the one hand, this article elaborates upon the specific issues / laches in each of the four parts in the Chapter. On the other and more significant hand, the article focuses on the possible benefits that the future evolution of this Chapter of the Code could derive by relying upon modern and revolutionary technologies such as the Unique Identification Authority of India Program (UIAI) and the E-courts services. With the aid of some cross-jurisdictional studies, the article concludes that these technological breakthroughs hold the key to reduction of the number of cases pending before courts in India and improve systemic quality, overall.
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