Section 115 CrPC: Power to Dispense with Personal Attendance
Section 115 of the Code of Criminal Procedure, 1973 empowered a Magistrate to excuse personal attendance in proceedings concerning security for keeping the peace or maintaining good behaviour. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 134.
Text of Section 115 CrPC, 1973
115. Power to dispense with personal attendance
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 a pleader.
Corresponding Section 134 BNSS, 2023
134. Power to dispense with personal attendance
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.
The operative discretion is substantially retained. The new provision uses the expression advocate instead of pleader. See the official BNSS text hosted by the Bureau of Police Research and Development.
Meaning and scope of the provision
The provision applies when a person is required to show cause why a bond should not be executed for keeping the peace or for good behaviour. A show-cause notice invites the person to explain why the proposed security order should not be made. A bond is a legally enforceable undertaking to comply with the specified obligation, subject to the applicable statutory requirements.
The Magistrate may permit representation through an advocate rather than insist on personal attendance. The power is discretionary, not automatic, and depends on sufficient cause being shown in the circumstances of the case.
When can personal attendance be dispensed with?
- The person must be involved in preventive security proceedings requiring an explanation concerning a peace or good behaviour bond.
- There must be sufficient cause for dispensing with personal appearance, assessed by the Magistrate.
- The Magistrate may allow the person to appear through an advocate.
- Exemption from attendance does not itself terminate the proceedings or dispense with the need to respond to the allegations.
Examples of circumstances that may be presented for consideration include illness, advanced age, disability, significant travel difficulty or other documented hardship. None of these circumstances guarantees exemption; the decision rests with the Magistrate.
How to request exemption from personal appearance
A person seeking exemption may submit an application in the pending proceedings identifying the relevant provision, explaining the reason for non-attendance and requesting permission to appear through an advocate. Relevant supporting documents may be attached. The applicant should comply with the Magistrate's directions and should not assume that filing an application alone excuses attendance.
CrPC Section 115 and BNSS Section 134: Quick reference
| Issue | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Provision | Section 115 | Section 134 |
| Subject | Power to dispense with personal attendance | Power to dispense with personal attendance |
| Decision-maker | Magistrate | Magistrate |
| Standard | Sufficient cause | Sufficient cause |
| Permitted representative | Pleader | Advocate |
| Present application | Subject to Section 531 BNSS savings | Governs applicable proceedings under the new code |
Related procedural provisions
These proceedings form part of the statutory framework for requiring security for keeping the peace or for good behaviour. The Magistrate's preliminary order is addressed in Section 111 CrPC (corresponding Section 130 BNSS). Service of a summons or warrant and delivery of the preliminary order are addressed in Section 113 CrPC and Section 114 CrPC (corresponding Sections 132 and 133 BNSS). The subsequent inquiry is dealt with in Section 116 CrPC (corresponding Section 135 BNSS).
Frequently asked questions
Is Section 115 CrPC still in force?
The CrPC was repealed with effect from 1 July 2024, subject to Section 531 BNSS. Section 134 BNSS is the corresponding provision for proceedings governed by the new code.
Can a Magistrate permit appearance through a lawyer?
Yes. Section 134 BNSS allows the Magistrate, on finding sufficient cause, to dispense with personal attendance and permit appearance through an advocate.
Is exemption from attendance a right?
No. The statute confers discretion on the Magistrate. An application should explain the sufficient cause relied upon.
Does this provision apply to every criminal case?
No. It specifically concerns the preventive security proceedings described in the section. Other provisions govern exemption from personal appearance in different criminal proceedings.
Official legal references
- Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF)
- India Code - Central Acts and statutory texts
- BPR&D - BNSS and CrPC corresponding provisions handbook (PDF)
Disclaimer: This article provides general legal information. Applicability may depend on the date and nature of proceedings, saving provisions, subsequent amendments and judicial directions. Check the current official text and obtain case-specific legal advice where required.