CrPC Section 136
Section 136 CrPC: Restriction on trial in absence of accused
🔹 Bare Act Text of Section 136 CrPC:
136. Restriction on trial in absence of accused.
No Court shall proceed to sentence any person accused of an offence in his absence, unless such person has been duly served with the summons or other process to appear.
🔍 Detailed Explanation:
1. What is Section 136 about?
Section 136 CrPC provides that a court cannot pass a sentence against an accused person unless the accused has been given proper notice to appear in court.
2. Key points:
The court cannot convict or sentence the accused in absentia (in the absence of the accused) unless the accused was duly served with summons or other legal notice to appear.
The emphasis is on due service of summons or process — the accused must have had a proper opportunity to attend the trial.
This section is about protecting the accused’s right to a fair trial, ensuring they are aware and present during crucial stages, especially sentencing.
3. Why is this important?
The right to be heard is fundamental in criminal justice.
If a person is sentenced without being present or without proper notice, it violates principles of natural justice.
This section prevents summary convictions without giving the accused a chance to defend themselves.
4. What does "duly served" mean?
The summons or notice must be served according to the rules — physically handed over, left at residence, or sent by registered post as per the court’s procedure.
Mere publication or informal notice is usually not sufficient.
The service must be such that the accused knows or is expected to know about the trial.
5. Effect of violating Section 136
Any conviction or sentence passed without compliance with Section 136 is illegal and can be challenged.
The conviction may be set aside on appeal or revision on grounds of violation of this section.
6. Is the trial itself prohibited in the accused's absence?
Section 136 specifically restricts passing sentence in absence.
The trial may sometimes proceed (for example, framing charges, examination of witnesses), but sentence cannot be passed without accused’s presence or proper service.
📝 Summary
| Aspect | Explanation |
|---|---|
| Purpose | Protect accused’s right to be present at sentencing |
| Restriction | No sentence without due service of summons/process |
| Trial in absence allowed? | Trial may proceed, but sentence cannot be passed |
| Consequence of violation | Conviction/sentence can be quashed or set aside |
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