BNSS Section 228 — Magistrate may dispense with personal attendance of accused

Summary

When a magistrate issues a summons in a case, they can allow the accused person to appear through their lawyer instead of coming to court in person, if the magistrate thinks it is appropriate. However, at any point during the case, the magistrate can decide to order the accused to appear in person, and if needed, can take steps to make sure they do so.

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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §205 — Magistrate may dispense with personal attendance of accused