Section 134 BNSS: Power to dispense with personal attendance (Formerly Section 115 CrPC)

Section 134 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to dispense with personal attendance

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 134

Section 134 empowers the Magistrate, if they see sufficient cause, to dispense with the personal attendance of any person called upon to show cause why they should not be ordered to execute a bond for keeping the peace, permitting appearance by pleader.

Sufficient Cause: Illness, advanced age, business commitments, or distance.
Dispensation of Attendance: Magistrate dispenses with personal appearance.
Appearance Through Pleader: Permitted to appear, plead, and contest the proceedings through an advocate throughout the inquiry.

Key Landmark Precedents:

Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001) 7 SCC 401: The Supreme Court observed that personal exemption provisions should be construed liberally to prevent unnecessary harassment of citizens.
Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: Reaffirmed that preventive peace proceedings do not require continuous personal standing in court.

Courtroom Practice & Strategic Litigation Guidance:

Immediately upon receipt of notice under Section 126, file an application under Section 134 BNSS seeking exemption from personal attendance, stating that counsel will appear on all dates. Magistrates should routinely grant this.