Section 205 of CrPC : Section 205: Magistrate may dispense with personal attendance of accused.

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman, is accused of a minor offense related to a commercial dispute. The Magistrate issues a summons for Rajesh to appear in court.

Application of Section 205:

• The Magistrate, considering Rajesh's busy schedule and the minor nature of the offense, decides to dispense with Rajesh's personal attendance.
• Rajesh is allowed to be represented by his lawyer in court.
• However, during the trial, the Magistrate feels that Rajesh's personal testimony is crucial for the case.
• The Magistrate then directs Rajesh to appear in person for the next hearing.

Example 2:

Scenario: Priya, a software engineer, is accused of a traffic violation. She receives a summons to appear before the Magistrate.

Application of Section 205:

• Priya's lawyer requests the Magistrate to dispense with her personal attendance, citing her work commitments and the minor nature of the offense.
• The Magistrate agrees and allows Priya to be represented by her lawyer.
• As the case progresses, the Magistrate finds that there are conflicting statements that need Priya's clarification.
• The Magistrate then orders Priya to attend the next court session in person to provide her testimony.

Example 3:

Scenario: Anil, a college student, is accused of a minor theft. The Magistrate issues a summons for Anil to appear in court.

Application of Section 205:

• Anil's lawyer requests the Magistrate to dispense with Anil's personal attendance due to his ongoing exams.
• The Magistrate, understanding the situation, permits Anil to be represented by his lawyer.
• Later, the Magistrate decides that Anil's presence is necessary to identify certain evidence.
• The Magistrate directs Anil to appear in person at the next hearing and enforces this attendance if required.

Example 4:

Scenario: Sunita, a homemaker, is accused of a minor altercation with a neighbor. She receives a summons to appear before the Magistrate.

Application of Section 205:

• Sunita's lawyer requests the Magistrate to dispense with her personal attendance, explaining that Sunita has young children to take care of.
• The Magistrate agrees and allows Sunita to be represented by her lawyer.
• During the proceedings, the Magistrate finds it necessary to hear Sunita's version of the events directly.
• The Magistrate then orders Sunita to attend the next court session in person to provide her statement.