Section 47 – Dispensing with attendance of juvenile or child – Juvenile Justice

It is the general principle of law that the inquiry or trial in each case should be held in the presence of the accused and this principle is equally applicable in case of juvenile delinquent as well. However, if in the opinion of the competent authority, the presence of juvenile in conflict with law or child is not necessary in proceedings against him, it may dispense with his attendance.

The personal attendance of accused in inquiry or trial is generally dispensed with keeping in view the nature and position of parties in the case.

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Section 317 of Cr PC provides that the accused may be exempted from being personally present at trial when (1) in the opinion of the Court his presence is not necessary in the interest of justice, or (2) where the accused is interrupting the trial or proceedings repeatedly.

Therefore, there is reason to infer that the provision of Section 47 must have been intended with a view to ensure smooth conduct of proceedings against an arrogant, defiant and uncontrollable juvenile or child. In such cases proceeding may be conducted without the presence of the juvenile in conflict with law or child.