Section 228 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 228 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in English:
📜 Section 228: Magistrate May Dispense with Personal Attendance of Accused
Text of the Section:
(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
🧭 Purpose and Context
Section 228 of the BNSS, 2023, provides Magistrates with the discretion to allow an accused person to appear through their advocate rather than being physically present in court. This provision aims to facilitate the legal process, especially in cases where the personal presence of the accused is not essential.
⚖️ Key Provisions
Issuance of Summons: When a Magistrate issues a summons, they have the authority to dispense with the personal attendance of the accused.
Appearance Through Advocate: The accused may be permitted to appear through their advocate if the Magistrate deems it appropriate.
Discretion to Direct Personal Attendance: At any stage of the proceedings, the Magistrate can exercise discretion to direct the personal attendance of the accused.
Enforcement of Attendance: If the Magistrate directs the personal attendance of the accused, they have the authority to enforce such attendance as per the provisions of the BNSS
🔄 Comparison with the Code of Criminal Procedure (CrPC)
Section 228 of the BNSS, 2023, mirrors Section 205 of the Code of Criminal Procedure (CrPC), 1973, which also allows Magistrates to dispense with the personal attendance of the accused in certain circumstances.
🧭 Significance
Efficiency in Legal Proceedings: By permitting the accused to appear through their advocate, the court proceedings can be expedited, especially in cases where the accused's physical presence is not crucial.
Facilitates Legal Representation: This provision ensures that the accused can be represented by legal counsel, upholding the principle of legal representation.
Ensures Fair Trial: While allowing for the accused's absence, the Magistrate retains the authority to ensure the accused's presence when necessary, maintaining the integrity of the trial process.
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