Madras High Court cites Section 355 BNSS to permit accused with Parkinson’s to attend trial via VC

The Madras High Court recently permitted an octogenarian, who is facing trial before a special CBI court, to appear for trial via video conference after noting that he was suffering from Parkinson’s disease..In an order passed on October 4, Justice N Seshasayee set aside an order of a special court in Chennai that had denied the petitioner, one Jacob, the permission to appear virtually for framing of charges.“Framing charges is the responsibility of the Court, and here is a litigant who is willing to submit to it. It is imperative, life is made least inconvenient to litigants, and merely because someone faces criminal accusation and is required to defend the charge, does not necessarily imply he has to surrender all his comforts and convenience to participate in trial. Once the investigation is over and the final report is taken on record by the Court concerned, then it becomes the responsibility of the Court to frame charges. Therefore, wherever possible the Court may have to resort to technology to make life less cumbersome and most convenient for all concerned. The learned counsel for the petitioner brought to the notice of the Court the Explanation to Section 355 of Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023, and the purpose it contemplates will be defeated if the Courts were to insist on archaic methods that it has been adopting thus far,” the High Court said..Jacob is the tenth accused in a case registered by CBI under the Prevention of Corruption Act in 2007 in a matter pertaining to defrauding the Punjab and Sind bank by availing credit facilities. The chargesheet in the case was filed in 2016 and charges are yet to be framed in the case, the petitioner’s counsel said. He told the Court that Jacob was facing many health complications and was also suffering from Parkinson's disease. Since he stayed in Bangalore and sometimes with his relatives in Kerala, it was difficult for him to travel to Chennai for the trial, the petitioner’s counsel told the Court.He also cited Section 355 of BNSS that exempts personal appearance..While the present case was taken cognisance of before BNSS came into force, the High Court noted the explanation to Section 355 under BNSS underscores the need to incorporate and integrate technology into procedure.Therefore, the Court permitted Jacob to appear via video conference before the trial court..Advocate CSS Pillai appeared for Jacob.Special Public Prosecutor B Mohan appeared for the respondent State..[Read Order]