Exemption from personal appearance under criminal procedure may be granted when attendance serves no useful purpose and counsel can represent the accused.

Section 205 of the Code of Criminal Procedure confers judicial discretion to dispense with an accused's personal attendance when no useful purpose would be served by insisting on appearance and the trial would not be hampered. The text states that personal presence is not indispensable in every case, especially where identity is not disputed and representation through counsel is secured. It also notes that Section 317 operates in a different field and cannot be used as a substitute ground to refuse relief under Section 205. The provision is to be construed liberally, and the trial court was said to have ignored the nature of the case, professional commitments, and the absence of any necessity for continuous attendance.

---

---

Issues: Whether the accused was entitled to exemption from personal appearance under Section 205 of the Code of Criminal Procedure, 1973.

Analysis: Section 205 confers a judicial discretion to dispense with the personal attendance of an accused where the court finds that no useful purpose would be served by insisting on appearance and that the progress of the trial would not be hampered. The personal presence of an accused is not indispensable in every case, especially where identity is not disputed and representation through counsel is ensured. Section 317 operates in a different field and cannot be treated as an alternative reason to refuse relief under Section 205. The provision under Section 205 is to be construed liberally, and the trial court failed to consider the nature of the case, the petitioner's professional commitments, and the absence of any necessity for continual physical attendance.

Conclusion: The rejection of exemption from personal appearance was unsustainable. Relief under Section 205 was granted, subject to conditions, and the petitioner was held entitled to be represented by counsel in place of personal attendance during trial unless the trial court specifically required appearance.

Ratio Decidendi: Exemption from personal appearance under Section 205 of the Code of Criminal Procedure, 1973 may be granted where the court finds that the accused's presence is not necessary for a fair and effective trial and that no useful purpose would be served by insisting on regular attendance.

---