What Is BNSS Section 228?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 228: Magistrate May Dispense with Personal Attendance of Accused

(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 pleader.

(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.

Brief Detail

Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows a Magistrate to dispense with the personal attendance of the accused when issuing a summons. The accused may appear through a pleader if the Magistrate deems it appropriate. However, the Magistrate retains the authority to require the personal attendance of the accused at any point during the proceedings.

Question & Answers

Q1: Under what condition can a Magistrate dispense with the personal attendance of the accused?

A1: A Magistrate can dispense with the personal attendance of the accused if he sees reason to do so when issuing a summons.

Q2: Who can the accused appear through if personal attendance is dispensed with?

A2: The accused may appear through his pleader.

Q3: Can the Magistrate later require the personal attendance of the accused?

A3: Yes, the Magistrate may direct the personal attendance of the accused at any stage of the proceedings.

Q4: How can the Magistrate enforce the attendance of the accused if required?

A4: The Magistrate can enforce attendance in the manner previously provided in the law.

Example

- Dispensing Attendance: If a Magistrate issues a summons and believes the accused cannot attend in person, he may allow the accused to be represented by a pleader.

- Personal Attendance Required: At any point in the trial, the Magistrate can decide that the accused must attend personally, regardless of previous permissions.

Summary

Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides that a Magistrate may allow the accused to appear through a pleader instead of in person when issuing a summons. However, the Magistrate has the discretion to require personal attendance at any time during the proceedings, ensuring that he can maintain control over the court process.