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Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XVII: Commencement of Proceedings Before Magistrates

Section 228: Magistrate may dispense with personal attendance of accused

Earlier law: CrPC section 205 (Magistrate may dispense with personal attendance of accused)

In plain words

When issuing a summons, a Magistrate can excuse the accused from attending personally and allow them to appear through their advocate, but can still require personal attendance at any stage.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 228

No Supreme Court judgment in our database cites this section yet.