Section 205 CrPC - Magistrate May Dispense with Personal Attendance of Accused
Section 205 of the Code of Criminal Procedure, 1973 (CrPC) empowered a Magistrate issuing a summons to excuse the accused from appearing personally and allow representation through a pleader. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 228, which refers to appearance through an advocate.
What does exemption from personal appearance mean?
An exemption from personal appearance is permission granted by the Magistrate for an accused person to be represented by an advocate instead of attending a particular hearing or hearings in person. It is not an acquittal, discharge, or automatic right. The Magistrate decides whether an exemption is appropriate and may later require the accused to attend.
Section 205 CrPC: statutory provision
205. 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.
Section 228 BNSS: corresponding current provision
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 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.
The principal wording change is the use of advocate in Section 228 BNSS instead of pleader in Section 205 CrPC. Both provisions preserve the Magistrate's discretion to require personal attendance later.
When can a Magistrate dispense with attendance?
The power arises when the Magistrate issues a summons. The court may consider the circumstances of the accused, the nature of the accusation, practical difficulty or hardship in attending, the need to identify or question the accused, and whether representation through counsel will allow the proceedings to continue fairly. These are relevant considerations, not an exhaustive statutory checklist.
An accused person may seek exemption through an application explaining the reasons, identifying the advocate who will appear, and undertaking to attend whenever directed. Granting exemption remains within the court's discretion.
Can the Magistrate later require personal attendance?
Yes. Under subsection (2) of both provisions, the Magistrate conducting the inquiry or trial may direct the accused to appear personally at any stage. If necessary, the court may enforce attendance in accordance with the applicable criminal procedure law. A prior exemption does not permanently prevent such an order.
Which provision applies after 1 July 2024?
Section 531 BNSS repeals the CrPC but saves specified appeals, applications, trials, inquiries and investigations pending immediately before commencement. Such saved proceedings continue under the CrPC as provided by that section. For new proceedings governed by the BNSS, the corresponding rule is Section 228. The applicable procedural law should be checked against the case record and the savings clause.
Practical steps for an exemption application
- Identify the applicable law: Section 205 CrPC or Section 228 BNSS.
- File an application before the Magistrate who issued the summons, explaining the specific reasons for requesting exemption.
- Provide the advocate's particulars and a clear assurance that the accused will attend when ordered.
- Comply with all conditions in the Magistrate's order; do not assume exemption until it is granted.
Frequently asked questions
Is exemption from personal appearance automatic?
No. The wording "may" makes the decision discretionary, subject to the court's assessment.
Can an advocate appear instead of the accused?
Yes, where the Magistrate permits it under the applicable provision. The court can still require the accused's personal attendance.
Does an exemption apply to every hearing?
Only to the extent allowed by the court's order. The Magistrate can modify the arrangement or direct personal attendance later.
Official statutory references
Read the BNSS provisions published by the National Crime Records Bureau, the India Code legislative database, and the Bureau of Police Research and Development's BNSS reference PDF. The older CrPC text and linked sections remain useful for saved proceedings.
This article provides general legal information and is not a substitute for advice on the facts and procedural status of an individual case. Updated: 18 October 2026.