Section 134 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 134 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Power to Dispense with Personal Attendance
Section 134 of the BNSS, 2023, empowers a Magistrate to dispense with the personal attendance of an individual who is required to show cause why they should not be ordered to execute a bond for keeping the peace or for good behaviour. The Magistrate may permit the individual to appear through a legal representative (pleader) if sufficient cause is shown.
Text of Section 134
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.
Key Points
Discretionary Power: The Magistrate has the discretion to allow an individual to appear through a pleader instead of being physically present.
Sufficient Cause: The individual must demonstrate sufficient cause for their inability to be present in person.
Corresponding Provision: This provision corresponds to Section 115 of the Code of Criminal Procedure (CrPC), 1973.
Purpose
Section 134 aims to provide flexibility in legal proceedings, accommodating individuals who may have valid reasons for not being able to attend court personally. This provision ensures that such individuals are not unduly penalized and can still participate in the legal process through their legal representatives.
Illustrative Example
If an individual residing in a remote area is required to show cause before a Magistrate regarding the execution of a bond for keeping the peace, and they are unable to attend court due to distance or health reasons, they may request the Magistrate to dispense with their personal attendance. If the Magistrate is satisfied with the reasons provided, they may permit the individual to appear through a pleader.
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