Bharatiya Nagarik Suraksha Sanhita

Section 228

Magistrate may dispense with personal attendance of accused

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⚡ Quick Answer Reference: Section 228 BNSS

Provision: Section 228 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
Jurisdiction: India
Summary: A Magistrate can decide if the accused needs to be present in court or if their lawyer can represent them. The Magistrate can change their mind at any time and ask the accused to be present in court.

Statutory Content

What does Section 228 of BNSS say?

(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.

Indian StandardSection 228, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 228 (India)

Court Pleading StandardSection 228 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 228 of BNSS mean?

Plain English Explanation

A Magistrate can decide if the accused needs to be present in court or if their lawyer can represent them. The Magistrate can change their mind at any time and ask the accused to be present in court.

Practical Interpretation

This section allows the Magistrate to exercise discretion in deciding whether the accused needs to be present in court. The Magistrate can consider various factors, such as the complexity of the case, the accused's willingness to cooperate, and the availability of evidence.

Core Legal Purpose

The core purpose of this section is to provide the Magistrate with the flexibility to manage the court proceedings efficiently and ensure that justice is served.

Key Legal Elements

•A Magistrate issues a summons to the accused.
•The Magistrate sees reason to dispense with the personal attendance of the accused.
•The accused is permitted to appear by their advocate.
•The Magistrate inquiring into or trying the case may direct the personal attendance of the accused at any stage of the proceedings.

Practical Example

Practical Example of Section 228 BNSS

Rajesh, a businessman, is accused of a minor offence under the BNSS. The Magistrate issues a summons to Rajesh, but decides to permit him to appear by his lawyer, Priya. However, during the trial, the Magistrate becomes concerned about Rajesh's involvement in the case and directs him to appear in person. Rajesh is required to attend the court and provide evidence.

Common Questions (FAQ)

Frequently Asked Questions about Section 228 BNSS

Q: What is the punishment or consequence under Section 228 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it deals with the procedural aspect of court proceedings.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not classify the offence as bailable or cognizable.

Common Questions about Section 228 BNSS

What is Section 228 of BNSS?

Section 228 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Magistrate may dispense with personal attendance of accused". In plain terms: A Magistrate can decide if the accused needs to be present in court or if their lawyer can represent them. The Magistrate can change their mind at any time and ask the accused to be present in court.

What is the punishment under Section 228 of BNSS?

Section 228 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 228 of BNSS bailable or non-bailable?

Whether Section 228 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 228 of BNSS?

The essential elements of Section 228 of BNSS are: A Magistrate issues a summons to the accused.; The Magistrate sees reason to dispense with the personal attendance of the accused.; The accused is permitted to appear by their advocate..

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