CrPC Section 205 — Magistrate may dispense with personal attendance of accused

Summary

Sub-section (1) says that when a Magistrate issues a summons, the Magistrate may, if there is reason to do so, excuse the accused from attending in person and allow the accused to appear through a pleader.

Sub-section (2) says that the Magistrate conducting the inquiry or trial may, at any stage, direct the accused to attend in person. If necessary, the Magistrate may enforce that attendance in the manner provided earlier in the text.

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 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.

Related Judgments

• TARSEM LAL vs DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE — Supreme Court of India (2024)
• BIBHUTI BHUSAN DAS GUPTA AND ANR. vs STATE OF WEST BENGAL — Supreme Court of India (1968)
• TGN KUMAR vs STATE OF KERALA AND ORS — Supreme Court of India (2011)
• SHARIF AHMED AND ANOTHER vs STATE OF UTTAR PRADESH AND ANOTHER — Supreme Court of India (2024)
• Reserved on: 28th May, 2012; Decided on: 16th July, 2012; HARBEEN AROR vs JATINDER KAUR — Delhi High Court (2012)
• STATE OF WEST BENGAL vs PRANAB RANJAN ROY — Supreme Court of India (1998)

Old <-> New Code Mapping

• BNSS §228 — Magistrate may dispense with personal attendance of accused