Section 228 of BNSS : Section 228: Magistrate may dispense with personal attendance of accused.

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman, is accused of a minor traffic violation.

Application of the Act:

1. The Magistrate issues a summons to Rajesh to appear in court.
2. Considering Rajesh's busy schedule and the minor nature of the offense, the Magistrate decides to dispense with Rajesh's personal attendance.
3. Rajesh is allowed to be represented by his advocate in court.
4. However, during the proceedings, the Magistrate feels that Rajesh's personal presence is necessary to clarify certain facts.
5. The Magistrate then directs Rajesh to personally attend the next hearing.
6. Rajesh complies and attends the court as directed.

Example 2:

Scenario: Priya, a software engineer, is accused of a minor case of public nuisance.

Application of the Act:

1. The Magistrate issues a summons to Priya to appear in court.
2. Priya's advocate requests the Magistrate to allow Priya to be represented by her advocate due to her work commitments.
3. The Magistrate, seeing no significant reason for Priya's personal attendance, permits her to be represented by her advocate.
4. As the case progresses, new evidence comes to light that requires Priya's personal explanation.
5. The Magistrate then exercises his discretion to direct Priya to attend the court personally.
6. Priya is informed and attends the court as required.

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