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.

Example 3:

Scenario: Anil, a college student, is accused of a minor theft.

Application of the Act:

1. The Magistrate issues a summons to Anil to appear in court.
2. Anil's advocate requests the Magistrate to dispense with Anil's personal attendance due to his ongoing exams.
3. The Magistrate, considering the minor nature of the offense and Anil's academic commitments, allows Anil to be represented by his advocate.
4. Later, the Magistrate finds it necessary to question Anil directly about certain details of the case.
5. The Magistrate directs Anil to personally attend the next court session.
6. Anil attends the court as directed and provides the necessary information.

Example 4:

Scenario: Sunita, a homemaker, is accused of a minor case of trespassing.

Application of the Act:

1. The Magistrate issues a summons to Sunita to appear in court.
2. Sunita's advocate requests the Magistrate to allow Sunita to be represented by her advocate due to her responsibilities at home.
3. The Magistrate, seeing no immediate need for Sunita's personal attendance, permits her to be represented by her advocate.
4. During the trial, the Magistrate decides that Sunita's personal testimony is crucial for the case.
5. The Magistrate directs Sunita to attend the court personally.
6. Sunita complies and attends the court as directed.

Example 5:

Scenario: Vikram, a retired government employee, is accused of a minor case of defamation.

Application of the Act:

1. The Magistrate issues a summons to Vikram to appear in court.
2. Vikram's advocate requests the Magistrate to dispense with Vikram's personal attendance due to his health issues.
3. The Magistrate, considering Vikram's health and the minor nature of the offense, allows Vikram to be represented by his advocate.
4. As the case proceeds, the Magistrate finds it necessary to have Vikram's personal statement.
5. The Magistrate directs Vikram to attend the court personally.
6. Vikram attends the court as directed and provides his statement.