Application Seeking Exemption of Accused During Evidence (Section 317 CrPC) (India) by OLL
Prefer the original wording?
Application u/s 317 of CrPC, 1973 seeking exemption of accused during taking of evidence
BEFORE THE METROPOLITAN MAGISTRATES / MAGISTRATES COURT AT _______
OR
HON’BLE SESSIONS COURT AT ______
C.C. No. ……….. of 20___
ABC Applicant
Versus
The State of Maharashtra
(through XYZ Police station)
APPLICATION TO PROCEED WITH THE TRIAL U/S 317 OF CrPC, 1973
MAY IT PLEASE YOUR HONOUR
The Applicant beg to state as under –
FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FOR
Dated this _____Day of _______, 20____
ABC
Applicant
XYZ
Advocate for the
Applicant
Section 317: Provision for inquiries and trial being held in the absence of accused in certain cases
(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
This document is a formal application used in Indian criminal courts to request the court's permission to proceed with a trial in the absence of the accused person. It is typically filed when the accused cannot attend a specific hearing, allowing the legal proceedings and evidence collection to continue through their legal counsel.
5.0 out of 5 on Google
Read reviewsAs seen in
About this template
What is this template?
This document is a formal court filing for criminal proceedings in India to request that a trial continue without the physical presence of the accused. It is specifically an application under Section 317 of the Code of Criminal Procedure 1973 and is not a general power of attorney or a bail application. It contains specific placeholders for the Metropolitan Magistrate or Sessions Court details and the specific XYZ Police Station involved.
When should you use it?
Use this application when an accused individual cannot attend a specific hearing in an Indian court and wants their lawyer to represent them in their absence. Use a Section 205 CrPC application instead if seeking a permanent exemption from personal appearance for the duration of the trial.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Section 317 CrPC | Exemption Request | Allows a Magistrate to dispense with the personal attendance of the accused if they are represented by a pleader. |
| Section 317(1) | Court Discretion | Permits the Judge to record reasons and proceed with the trial in the absence of the accused if attendance is not necessary. |
| Section 317(2) | Power to Adjourn | Enables the court to adjourn proceedings or try the case separately if the accused is unrepresented by a pleader. |
Who it's for
- an accused person in an Indian criminal trial seeking to avoid personal appearance during the evidence stage
- a legal practitioner representing an accused person in a Metropolitan Magistrates or Sessions Court in India
How long it runs and how it's signed
Law it's drafted under
Frequently asked questions
A template isn't binding on its own - like any contract, it becomes binding once it's properly completed and signed. Templates in our curated library are professionally drafted for US or UK law; review any template before you sign it.
Yes. Chat with GitLaw to edit any section, or make changes directly in the editor.
Yes, read about team plans here.
Describe what you need in the chat and GitLaw will draft it for you.
Templates in our curated library are professionally drafted for US or UK law. The wider library comes from the GitLaw community and public sources - a solid starting point, but check any template fits your situation before you rely on it.
Mostly US and UK law. Some templates use general commercial terms that work across jurisdictions, and many note which law they're written for.
It depends on the situation. Templates work well for routine business agreements. For anything involving significant money, complex IP, employment, or areas you're unsure about, it's worth getting professional advice before you sign. GitLaw provides templates and tools, not legal advice.
Open any template in GitLaw and describe the change you want in the chat — 'make clause 4 mutual' or 'add a 30-day notice period', for example. GitLaw drafts the revised language and shows it as a suggested edit. You accept, reject, or keep editing from there.
Yes. Upload a Word, PDF, or Markdown file and GitLaw will open it in the editor. You can review, edit, or chat with GitLaw about it the same way you would with any template from the library.
Trusted by 5,000+ businesses
From template to signed, in one place
Every template opens in an editor with an AI agent alongside it.
Open
Pick a template and open it. Nothing to download, and no credit card to start.
Free to open
Edit with AI
Describe your situation in chat and the agent adapts the wording, clause by clause.
Tracked changes you can review
Send and sign
Share it for negotiation, then collect signatures without leaving GitLaw.
eSign included
Built for your legal work,
with practicing lawyers
Trained on 5,500+ clauses and specialist areas of law. Built with a standards committee of independent lawyers.
As seen in
Ready to get started?
No sales calls, no credit card. Just chat with GitLaw.
GitLaw provides templates and tools, not legal advice. Templates are a starting point, not a substitute for advice on your situation - for anything significant, speak to a qualified lawyer.