CrPC 205→BNSS 228

CrPC 205 to BNSS 228: Magistrate may dispense with personal attendance of accused

Section 205 CrPC (1973) replaced by Section 228 BNSS (2023)

View CrPC Section 205 →View BNSS Section 228 →

CrPC 205 to BNSS 228 at a Glance

Section 205 CrPC (Magistrate may dispense with personal attendance of accused) is now Section 228 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 205 to BNSS 228?

Section 205 CrPC is found in Section 228 BNSS from 1 July 2024. The heading is the same and the text is the same except that Section 228(1) BNSS uses the word advocate where Section 205(1) CrPC used the word pleader. Section 205(2) CrPC and Section 228(2) BNSS are in the same words.

CrPC 205 vs BNSS 228: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section205228
HeadingMagistrate may dispense with personal attendance of accusedSame
Sub-sections2 sub-sectionsSame

CrPC 205 and BNSS 228: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 205, CrPC 1973

205. Magistrate may dispense with personal attendance of accused.—(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.
BNSS 2023 (in force)

Section 228, BNSS 2023

228. Magistrate may dispense with personal attendance of accused.—(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.

When It Applies: CrPC 205 vs BNSS 228

Under CrPC 205
  1. Section 205(1) CrPC applies whenever a Magistrate issues a summons.
  2. The Magistrate may dispense with the personal attendance of the accused if the Magistrate sees reason so to do.
  3. The Magistrate may permit the accused to appear by a pleader.
  4. Under Section 205(2) CrPC, the Magistrate inquiring into or trying the case may direct the personal attendance of the accused at any stage of the proceedings.
Under BNSS 228
  1. Section 228(1) BNSS applies whenever a Magistrate issues a summons.
  2. The Magistrate may dispense with the personal attendance of the accused if the Magistrate sees reason so to do.
  3. The Magistrate may permit the accused to appear by an advocate.
  4. Under Section 228(2) BNSS, the Magistrate inquiring into or trying the case may direct the personal attendance of the accused at any stage of the proceedings.

What CrPC 205 to BNSS 228 Means in Practice

From 1 July 2024, the words on dispensing with the personal attendance of the accused and on directing it later are read in Section 228 BNSS. Section 228(1) BNSS names an advocate where Section 205(1) CrPC named a pleader.

FAQs: CrPC 205 to BNSS 228

Which BNSS section replaces Section 205 CrPC?▼

Section 205(1) CrPC is found in Section 228(1) BNSS and Section 205(2) CrPC in Section 228(2) BNSS.

Which word does Section 228(1) BNSS use for the person who appears for the accused?▼

Section 228(1) BNSS uses the word advocate where Section 205(1) CrPC used the word pleader.

Is Section 228(2) BNSS different from Section 205(2) CrPC?▼

Section 228(2) BNSS is in the same words as Section 205(2) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·