Section 540AProvision for inquiries and trial being held in the absence of accused in certain cases

s. 540A

540A. Provision for inquiries and trial being held in the absence of accused in certain cases (1) At any stage of an inquiry or trial under this Code, [***] if the Judge or Magistrate is satisfied, for reasons to be recorded, that any one or more of [the] accused is or are incapable of remaining before the Court, he may, if such accused is represented by [an advocate], dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. (2) If the accused in any such case is not represented by [an advocate], or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit, and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. [(3) At the stage of investigation under this Code, the Judge or Magistrate may, for reasons to be recorded in writing, dispense with the personal attendance of an accused person who is on bail and represented by an advocate, until the date fixed for hearing of the investigation report.]

1. 570. The words "an advocate" were substituted, for the letter and word "a pleader" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
2. 571. Sub-section (3) was added by section 26(b) of the Code of Criminal Procedure (Amendment) Act, 2026 (Act No. XI of 2026) (With effect from 10th August 2025).