Section 228 BNSS: Magistrate may dispense with personal attendance of accused (Formerly Section 205 CrPC)

Section 228 of Bharatiya Nagarik Suraksha Sanhita, 2023: Magistrate may dispense with personal attendance of accused

Official Bare Act Text

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

(1) Whenever a Magistrate issues 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 advocate.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

Legal Commentary & Landmark Judgments: Section 228

Section 228 empowers the Magistrate issuing a summons to dispense with the personal attendance of the accused and permit them to appear by their pleader throughout the inquiry or trial (replacing Section 205 CrPC).

Summons Issued Context: Applicable in cases where the Magistrate issues a summons in the first instance.
Discretionary Exemption: Magistrate sees reason to dispense with personal attendance.
Conditional Power: Magistrate may at any subsequent stage direct the personal attendance of the accused, or require appearance to receive sentence.

Key Landmark Precedents:

Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001) 7 SCC 401: The Supreme Court held that Section 205 CrPC (Section 228 BNSS) should be exercised liberally in summons and commercial trials (e.g., Section 138 NI Act); magistrates should not force busy executives or elderly persons to attend court routinely when represented by counsel.
Puneet Dalmia v. CBI (2020) 12 SCC 695: The Supreme Court held that personal exemption should be granted when the accused gives an undertaking that counsel will be present, will not dispute identity, and will not cause delay.
T.N. Seshan v. Frank Anthony (1994) Supp 3 SCC 5: Affirmed that personal presence can be dispensed with across all stages of trial until final arguments.

Courtroom Practice & Strategic Litigation Guidance:

Master practice tool: Immediately after summons is issued in commercial, defamation, or compoundable cases, file an application under Section 228 BNSS citing *Puneet Dalmia* and *Bhaskar Industries*, undertaking that counsel will appear on all dates, effectively exempting the client from personal appearance.