2000 CRI. L. J. 4264 ::(2000) 4 CurCriR 562 ::(2000) Mad LJ(Cri) 805 ::2001 (2) Crimes 194 ::2000 (2) Ker LT 756 ::2000 (2) Ker LJ 276 ::(2000) ILR(ker) 3 KER 433

Kerala High Court

Hon'ble Judge(s): R. Rajendra Babu , J

Criminal P.C. (2 of 1974) , S.241, S.205(1)— Warrant case - Plea of guilty or not guilty by counsel on behalf of accused - Personal appearance of accused dispensed with - Plea by counsel can be recorded only if he is specifically authorised for the purpose. In summons cases when the personal attendance of the accused is exempted under Sec. 205 Cr. P.C., the plea of the counsel can be taken for and on behalf of the accused even if the plea is one of guilty. The question would be different when the accused in a warrant case seeks permission to allow the counsel to plead 'guilty' or 'not guilty' for and on behalf of him when he appeared and was exempted from personal appearance under Sec. 317, Cr. P.C. So far as the plea if one of 'not guilty', the Court has no further discretion to be exercised as the discretion already exercised in granting exemption would take in granting permission to the accused to have his plea of not guilty made through the counsel, as a plea of 'not guilty' in such cases is only procedural in nature. If the plea is one of 'guilty', the nature and consequences are different. There also some distinction has been drawn with respect to the cases where the Court is not inclined to convict the accused on the basis of the plea of guilty and where the Court is inclined to convict and impose sentence on the accused. In the case of accepting the ....