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.
Bharatiya Nagarik Suraksha Sanhita
Section 134
Power to dispense with personal attendance
Englishहिंदी
⚡ Quick Answer Reference: Section 134 BNSS
- Provision: Section 134 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- Jurisdiction: India
- Summary: The Magistrate can choose not to require someone to appear in person if there's a good reason, and instead allow them to send a lawyer to represent them in cases about keeping the peace or behaving well.
Statutory Content
What does Section 134 of BNSS say?
Indian StandardSection 134, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 134 (India)
Court Pleading StandardSection 134 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/134
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✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 134 of BNSS mean?
Plain English Explanation
The Magistrate can choose not to require someone to appear in person if there's a good reason, and instead allow them to send a lawyer to represent them in cases about keeping the peace or behaving well.
Practical Interpretation
In practice, this section allows for flexibility in court proceedings, enabling individuals to be represented by an advocate if the Magistrate deems it sufficient, thus potentially reducing the burden on the individual to appear personally.
Core Legal Purpose
The core purpose is to provide the Magistrate with the discretion to manage court proceedings efficiently by allowing representation through an advocate under certain conditions, ensuring the legal process is balanced between convenience and the need for personal accountability.
Key Legal Elements
- •The Magistrate must see sufficient cause to dispense with personal attendance.
- •The person must be called upon to show cause why they should not be ordered to execute a bond for keeping the peace or for good behaviour.
- •The key legal test is the Magistrate's judgment of 'sufficient cause'.
- •A key exception is the permission for the person to appear by an advocate instead of in person.
Practical Example
Practical Example of Section 134 BNSS
Rajesh is required to show cause why he should not be ordered to execute a bond for good behaviour due to a complaint filed against him. However, due to health reasons, he cannot appear in person. The Magistrate, seeing sufficient cause, decides to dispense with Rajesh's personal attendance and allows him to be represented by his advocate, Amit, thus facilitating the legal process without requiring Rajesh's physical presence.
Common Questions (FAQ)
Frequently Asked Questions about Section 134 BNSS
Q: What is the punishment or consequence under Section 134 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the Magistrate's power to manage attendance in court proceedings.
Q: Does this section apply to private individuals or public entities?
The section applies to any person called upon to show cause, which typically refers to private individuals but could potentially apply to representatives of public entities in specific legal contexts.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence; it outlines a procedural power of the Magistrate. Therefore, it does not pertain to bailable or cognizable classifications.
People Also Ask (PAA)
Common Questions about Section 134 BNSS
What is Section 134 of BNSS?
Section 134 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to dispense with personal attendance". In plain terms: The Magistrate can choose not to require someone to appear in person if there's a good reason, and instead allow them to send a lawyer to represent them in cases about keeping the peace or behaving well.
What is the punishment under Section 134 of BNSS?
Section 134 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 134 of BNSS bailable or non-bailable?
Whether Section 134 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 134 of BNSS?
The essential elements of Section 134 of BNSS are: The Magistrate must see sufficient cause to dispense with personal attendance.; The person must be called upon to show cause why they should not be ordered to execute a bond for keeping the peace or for good behaviour.; The key legal test is the Magistrate's judgment of 'sufficient cause'..
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