317 CrPC / 355 BNSS Petition Format — Dispense With Personal Appearance

What is a 317 CrPC / 355 BNSS petition?

A 317 CrPC petition or 355 BNSS petition is a criminal miscellaneous application filed in the trial court where a criminal case (often shown as C.C. No. — calendar case number) is pending. The accused (or petitioner-accused) asks the Magistrate or Judge not to insist on personal attendance on a given date or for a period, because attendance is impossible or unnecessary in the interests of justice—commonly on medical grounds (illness, surgery, bedridden condition, etc.).

Before the BNSS came into force, advocates cited Section 317 CrPC. In proceedings governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, the corresponding provision is Section 355 BNSS. The Vaksera template on this page is drafted for petitions filed under Section 355 BNSS, while remaining the standard format advocates search for as a 317 CrPC petition format or 355 BNSS petition format.

Section 317 CrPC — provision for inquiry or trial in absence of accused

Section 317 of the Code of Criminal Procedure, 1973 deals with provision for inquiries and trial being held in the absence of accused in certain cases. In summary (always verify the latest bare act and local practice):

• At any stage of an inquiry or trial, the court may proceed in the absence of the accused if the accused is represented by a pleader (advocate) and the court considers personal attendance unnecessary in the interests of justice—or if the accused persistently disturbs the proceedings.
• If the accused is not represented, or the court requires personal attendance, the court may adjourn the matter or order separate trial.
• A common use is an application to dispense with the presence/appearance of the accused when he or she cannot attend due to medical incapacity, while the case continues with counsel on record.

Note: Section numbering in older commentaries and colloquial court practice often refers to this as a “317 petition” or “317 CrPC application” even where BNSS now applies.

Section 355 BNSS — corresponding provision after CrPC

Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the BNSS provision on provision for inquiries and trial being held in absence of accused in certain cases. It carries forward the scheme of Section 317 CrPC with updates for modern procedure, including that personal attendance may include attendance through audio-video electronic means where permitted.

Petitions filed today in BNSS-governed criminal courts typically state: “Petition filed under Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023.” The free template above uses that heading and prayer pattern for a CRL.M.P. in the court of the concerned Magistrate/Judge.

When should you file a 317 CrPC / 355 BNSS petition?

Advocates commonly file this petition when:

• The accused cannot travel to court on the listed date because of illness, injury, surgery, or bedridden condition;
• Personal attendance is sought to be dispensed with while the criminal case continues and counsel represents the accused;
• The court has listed the matter for evidence, argument, or orders and the accused needs a formal application on record rather than an informal mention;
• Supporting documents (medical certificate, discharge summary, fitness certificate, etc.) are or will be placed before the court as per local rules and judicial directions.

The petition does not by itself stay the case or grant bail; it addresses attendance / appearance. Other applications may be needed for adjournment, bail, or exemption on other grounds.

Who can file & in which court

• Filed by: The accused (petitioner) through counsel, or counsel on instructions.
• Court: The same criminal court trying or inquiring into the C.C. / criminal case (Magistrate or Sessions Judge as the case may be).
• Case reference: The petition must show the C.C. No., year, and parties—fields available in the form above (cc_no, case_year, petitioner_name, respondent_name, court_name).
• Procedure label: Often titled CRL.M.P. No. ___ of year (Criminal Miscellaneous Petition).

What this petition format contains

The Vaksera 317 CrPC / 355 BNSS petition template includes standard blocks:

1. Cause title — court, CRL.M.P. number, year, and reference to main C.C. No.
2. Parties — petitioner (accused) and respondent (State / opposite party as per case)
3. Statutory heading — petition under Section 355 BNSS, 2023
4. Body — facts showing inability to appear (e.g. fall, surgery, treatment, bedridden) and request to dispense with presence/appearance
5. Prayer — pass orders dispensing with appearance and any other fit orders
6. Place, date, and counsel name & address

You may adapt the narrative in Word after download. Attach medical papers if your court requires them at filing or on the listed date.

How to prepare this 317 CrPC / 355 BNSS petition on Vaksera (free)

1. Select your court location (state, district, complex, court name) in the form.
2. Enter CC number, case year, party names, and filing date.
3. Add counsel name and chamber address (prefilled from profile if you are logged in).
4. Click Refresh Preview to update the petition with your details.
5. Click Download petition to get an editable DOCX for printing and filing.

Searching for “317 crpc petition format pdf”, “355 bnss petition”, or “dispense with appearance accused petition” — this page provides a structured, court-ready Word format you can customize for your district’s filing rules.

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Frequently asked questions — 317 CrPC & 355 BNSS petition