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What Happens If Accused Does Not Appear In Court?

  • Writer: lead India
    lead India
  • May 16, 2023
  • 3 min read

When we say "appearance in court", we are referring to the physical or virtual presence of an individual in a court of law, in order to participate in legal proceedings. This can include the accused, their legal counsel, witnesses, and other parties involved in the case.


The appearance can be in person or through virtual means, depending on the jurisdiction and the availability of technology. The purpose of the appearance is to allow the court to conduct a fair and just trial, and to ensure that all parties have the opportunity to present their case and be heard.


Necessity of the Accused Appearance in the Court

The appearance of the accused in court is necessary for several reasons. They are as follows-

  • First off, it makes sure that the accused is aware of the accusations levelled against them and then has the chance to respond.

  • Secondly, it allows the court to assess the credibility of the accused and any witnesses or evidence presented.

  • Thirdly, it allows the accused to exercise their right to a fair trial and to defend themselves against the charges.

  • Fourthly, it ensures that the legal process is transparent and accountable to the public.

  • Finally, the appearance of the accused in court is necessary to maintain the integrityand legitimacy of the legal system.

Procedure of the Accused to Appear in the Court

The procedure for an accused person to appear in court depends on the jurisdiction and the nature of the case. In general, the accused is notified of the date, time, and location of their court appearance by a summons or a notice to appear.


The accused must then appear in court at the designated time and follow any instructions given by the court officials. Failure to appear may result in a warrant for their arrest or other legal consequences. The accused may also have the option to retain legal counsel to represent them in court.

Judicial Pronouncements

  • In the case of State of Punjab v Ramdev Singh, the Supreme Court held that if the accused fails to appear in court without any valid reason, the trial can proceed in their absence, and the court can even issue an arrest warrant against them.

  • In the case of Bikramjit Singh v State of Punjab, the Punjab and Haryana High Court held that the presence of the accused in court is necessary during the examination of witnesses, and that their absence can have a detrimental impact on the outcome of the case.

  • In the case of State of Kerala v Rajesh, the Kerala High Court held that the accused has a right to be present during the framing of charges, as this is a critical stage of the trial that can impact their defence.

Role of Lawyers

Lawyers play an important role in ensuring that their clients appear in court. They are responsible for communicating with their clients about court dates and ensuring that they understand the importance of attending court hearings. They may also assist in making arrangements for transportation and accommodations if necessary.


If a client fails to appear in court, the lawyer may be required to explain their client's absence to the court and may face legal consequences themselves. Therefore, lawyers often stress the importance of appearing in court to their clients and may take steps to remind them of upcoming court dates, such as sending reminders or making phone calls.


Overall, the role of lawyers is to advise their clients and ensure that they are able to fully participate in the legal process, including appearing in court.


You will need the help of lawyers to alert you about your appearance dates and time during any criminal proceedings. If you need the help of lawyers to alert you about your court appearances date and time in Varanasi, then Criminal lawyers in Varanasi can be hired.


If you need the help of lawyers to alert you about your court appearances date and time in Coimbatore, then Criminal lawyers in Coimbatore can be hired. Similarly, Criminal lawyers in Chennai can be employed if you need the help of lawyers to alert you about your court appearances date and time in Chennai.


At Lead India, one can consult and talk to lawyers for advice. They can get free legal advice online as well as ask a legal question online for free to lawyers through Lead India.


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