Rajasthan HC Modifies Order Asking State To Consider Amending S.273 CrPC On Appearance Of Accused, Notes Amendment Is Already In Place

The Rajasthan High Court has rectified an earlier order where it had asked the state government to consider amending CrPC to provide for appearance of accused through video conferencing to attend trials, after the State moved a plea stating that Section 273 CrPC had already been amended and has been duly notified. 

For context, the court had in its March 7 order had permitted six men, having multiple FIRs registered against them for alleged financial crimes, to attend pending criminal trials through video conferencing noting that it may not be feasible for the accused to be physically present at multiple locations simultaneously. In doing so the court had observed therein that as per Section 273 CrPC there is no legal impediment if the accused is represented by his counsel.

Pointing to amendments made by Gujarat and Jharkhand to the provision allowing appearance through electronic video linkage, the court had said that it expects the State Government to consider amending the CrPC providing that in cases where accused is in judicial custody, and his personal appearance is not mandatory, proceedings may continue in his counsel's presence; where presence is necessary the jail authorities ensure accused's availability through VC.

Subsequently the state government moved an application before Justice Farjand Ali submitting that an amendment under Section 273 of CrPC has been made in the State of Rajasthan and, after receiving the assent of the President of India, the same has been notified in the official Gazette.

The State thus sought "necessary corrections" in the high court's March 7 order. 

Perusing the document attached with the State's application, the court said, "it is evident that the amendment to Section 273 of the Cr.P.C. has been duly notified. While passing the order, this Court had referred to the latest bare act of 2024 available in this High Court but it only mentions two State Amendments, namely Gujarat and Jharkhand and, as a matter of caution, also conducted research on the official website of the Government of Rajasthan, Law and Legal Affairs Department. However, the amendment was not found on the said website at that time, which led this Court to issue the directions mentioned in the order. Subsequently, upon filing of the present application, it has been shown to this Court that the amendment has been published on the website of the Law (Legislative Drafting) Department and the amendment has now been verified". 

Rectified its earlier order and the court omitted Paragraph No.6 where direction was given to the State government to consider making a suitable amendment in the CrPC, as it has already been made by the notification dated January 15, 2019. It thus allowed the state's application. 

Case Title: State of Rajasthan v Vikram Singh Indroi

S.B. Criminal Misc. Appli No. 195/2025

Citation: 2025 LiveLaw (Raj) 137

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