• Present of respondent in verdict/judgement day

Is it compulsory for the respondent to present in the verdict/judgement day. If yes then if the respondent miss that day to appear due to some unavoidable reason what will happen.
Asked 6 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

25 Answers

If it's a civil case, presence is not mandatory

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

State more details like type of case

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

If the respondent wants to remain present, he/she can file an application to adjourn the hearing mentioning the reason


If the respondent wants to remain present, he/she can file an application to adjourn the hearing mentioning the reason


Since the case is criminal, presence is mandatory


You can file an application for exemption from personal appearance mentioning the reason

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

In civil cases presence of response t is not necessary 

 

in criminal case presence of accused is necessary 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Court would adjourn the case if accused is not present 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

In criminal case presence of accused is necessary 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

In civil suit or in quasi civil criminal proceeding the physical appearance of the party is never mandatory except during his evidence stage.

Only in the criminal case on the day of judgement the accused person is required to be present in person.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Mostly the presence is necessary if he is absent verdict will be reserved

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

There are two scenarios i.e., in civil case, the presence of Respondent is not necessary on date of pronouncement of Verdict / Judgment but in Criminal Case the presence of Accused is mandatory.

If Accused is not present on even date, the Court may adjourn the pronouncement to some other date (its discretion)

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

The day of pronouncement of judgement is an important day. It cannot be changed or repeated.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yea you have to be present if it's a criminal matter.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No there is no another day.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. YES .... IF it is a Criminal case THEN "accused (respondent)" is liable to be present, at time of pronouncement of oral judgment.  IF pronounced guilty, THEN accused will be arrested /penalized immediately, unless appropriate application is moved before the court.

2. IF Accused is not present without any exemption on record, THEN warrant maybe issued against him.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

In criminal case, on judgement date either accused or pleader/advocate must present.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

If its a criminal case then the respondent shall fila an application for exemption from appearance in the court with a valid reason.

Absence should be in the knowledge of court.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

In a criminal case the accused has to be present on the date of passing the judgment. 

Your appearance in the court is mandatory .
353. Judgment. (1) The judgment in every trial in any Criminal
Court of original jurisdiction shall be pronounced in open Court by
the Presiding officer 353. Judgment. (1) The judgment in every trial in any Criminal
Court of original jurisdiction shall be pronounced in open Court by
the Presiding officer immediately after the termination of the trial or at some subsequent
time of which notice shall be given to the parties or their pleaders,-
(a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or
(c) by reading out the operative part of the judgment and
explaining the substance of the judgment in a language which
is understood by the accused or his pleader.
(2) Where the judgment
is delivered under clause (a) of sub-section (1),
the presiding officer shall cause it to be taken down in
short-hand, sign the transcript and every page thereof as
soon as it is made ready, and write on it the date of the
delivery of the judgment in open Court.
(3) Where the judgment or the operative part thereof is read out
under clause (b) or clause (c) of sub-section (1), as the case may be,
it shall be dated and signed by the presiding officer in open Court,
and if it is not written with his own hand, every page of the judgment
shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in
clause (c) of sub-section (1), the whole judgment or a copy thereof
shall be immediately made available for the perusal of the parties or
their pleaders free of cost.
(5) If the accused is in custody, he shall be brought up to hear
the judgment pronounced.
(6) If the accused is not in custody, he shall be required by
the Court to attend to hear the judgment pronounced, except where his
personal attendance during the trial has been dispensed with and the
sentence is one of fine only or he is acquitted :
(7) No judgment delivered by any Criminal Court shall be deemed
to be invalid by reason only of the absence of any party or his
pleader on the day or from the place notified for the delivery
thereof, or of any omission to serve, or defect in serving, on the
parties or their pleaders, or any of them, the notice of such day and
place.
(8) Nothing in this section shall be construed to limit in any
way the extent of the provisions of section 465.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

No judgment delivered by any Criminal Court shall be deemed
to be invalid by reason only of the absence of any party or his
pleader on the day or from the place notified for the delivery
thereof, or of any omission to serve, or defect in serving, on the
parties or their pleaders, or any of them, the notice of such day and
place.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

The information furnished in the earlier posts are connected to the criminal case proceedings only.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

In civil case it is not necessary.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you can't attend court on the day of your hearing, you may be able to postpone. This is called an adjournment.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If the court adjourns your matter, you will receive a new hearing date. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The advocate of respondent can remain present if respondent is not able to present himself before court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if it is criminal case then accused needs to be present before the case.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Criminal case court can issue warrant and can adjourn the matter.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Yes if it's criminal case then it is mandatory for accuse to present in case on day of judgement as judgement will be pronounced in presence of accused.

2. Yes court will give next day but it can have negative impact on case of accuse to stay absent on day of judgement.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer