In India so many Civil and Criminal matter are pending there is a report for the pendency of the matter is more than 2 crores but reasons is not specified , expert says that there are so many factors are responsible for the pendency of the cases , but we have one reason that is adjourned and exemption, but there are so many responsible factor for the pendency, we will talk about it later.
Exemption generally used by the advocates because their client could not attend the court proceedings due to some reasons. If case is civil nature and criminal nature in any type of nature person has a right to apply for exemption .
Dictionary meaning of exemption is rebate from any thing.
Legal Meaning is that you can present yourself before any authority through your agent and Counsel no need of personal appearance.
In CRPC
In Criminal matter you can apply on behalf your client under section 205 or CrPC for exemption and section 205 says that (1) Whenever a Magistrate issue a summons,he may,if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion and, if necessary, enforce such attendance in the manner hereinbefore provided.
There are several section who exempt to special person in special circumstances also.
In CPC
In CPC (Civil Matter) we have so many sections to exempt in several situations for example setion 81 when suit is instituted against public officers.
Section 132 exempt women from personal appearance in the court in civil matter, according to the customs and manner of the country,women can't be compelled to appear in public shall be exempt .
Section 133 Is for Exemption of Special Persons, they are entitled to exemption from personal appearance in the court,
And there are other section also in CPC for exemption in special situations for special Personality In Civil Cases.
EXEMPTION FORMAT
IT THE COURT OF ..........Court name.....................
....STATE.......... NON APPLICANT
V/S
.......ABC...................APPLICANT
SUB:- APPLICATION UNDER SECTION 205 OF CRPC ON BEHALF OF ACCUSED/APPLICANT FOR EXEMPTION FROM PERSONAL APPEARANCE IN ABOVE SAID CASE FOR TODAY.
WITH RESPECTFULLY SHEWETH,
1.That the Present Case is adjudication before this ld. Court for today.OR.....DATE..........
2.That the Applicant is Unable to appear before this HON'BLE court due to ..............................YourReason............................................................,..................................................................................................................................................
3.That non appearance of the Applicant/Accused is not willfully nore international.but due to aforesaid bonafied reason.
It is therefore most respectfully prayed that the present application may kindly be allowed,and the personal attendance of the Applicant may kindly be dispensed with for today....... Date..........and Applicant be permitted to present itself through his/her Counsel .
Through Counsel
This Application is for criminal cases but you can also use it in civil case only section will change formate is same everytime.
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