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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 228 BNSS at a Glance

Section 228 BNSS deals with magistrate may dispense with personal attendance of accused. It replaced Section 205 CrPC on 1 July 2024.

Was CrPC

Section 205 →

Section 228 BNSS Bare Act 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 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.

Source: Section 228, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 228 BNSS in Simple Words

Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has sub-sections 1 and 2.

Under Section 228(1) BNSS, whenever a Magistrate issues a summons, the Magistrate may, if there is reason so to do, dispense with the personal attendance of the accused and permit appearance by the advocate of the accused.

Under Section 228(2) BNSS, the Magistrate inquiring into or trying the case may, in discretion, at any stage of the proceedings, direct the personal attendance of the accused.

When Section 228 BNSS Applies

  • Section 228(1) BNSS applies whenever a Magistrate issues a summons.
  • The Magistrate may dispense with the personal attendance of the accused if the Magistrate sees reason so to do.
  • The Magistrate may permit the accused to appear by an advocate.
  • 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.

Example of Section 228 BNSS

A Magistrate issues a summons to Rohan. Seeing reason so to do, the Magistrate dispenses with the personal attendance of Rohan and permits Rohan to appear by an advocate, as Section 228(1) BNSS allows. Later, at a stage of the proceedings, the Magistrate trying the case directs the personal attendance of Rohan under Section 228(2) BNSS and, if necessary, enforces that attendance in the manner hereinbefore provided.

When Section 228 BNSS Does Not Apply

  • Section 228(1) BNSS speaks of a Magistrate issuing a summons. It does not deal with a Magistrate issuing a warrant.
  • Section 228 BNSS speaks of the personal attendance of the accused. It does not deal with the attendance of a witness.

Section 228 BNSS in the CrPC (Previous Law)

Section 228 BNSS replaced Section 205 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 228 BNSS

Can a Magistrate dispense with the personal attendance of the accused under Section 228 BNSS?▼

Under Section 228(1) BNSS, whenever a Magistrate issues a summons, the Magistrate may, if there is reason so to do, dispense with the personal attendance of the accused and permit appearance by an advocate.

Can the Magistrate direct personal attendance later under Section 228 BNSS?▼

Under Section 228(2) BNSS, the Magistrate inquiring into or trying the case may, in discretion, at any stage of the proceedings, direct the personal attendance of the accused and, if necessary, enforce it in the manner hereinbefore provided.

Who may appear for the accused under Section 228 BNSS?▼

Section 228(1) BNSS permits the accused to appear by an advocate when the Magistrate dispenses with personal attendance.

What changed from Section 205 CrPC to Section 228 BNSS from 1 July 2024?▼

Section 228 BNSS has the same heading as Section 205 CrPC and the same text, except as follows. Section 228(1) BNSS reads advocate where Section 205(1) CrPC read pleader.

Section 228 BNSS: Sub-sections Explained

Section 228(1) BNSS: Magistrate may dispense with personal attendance of accused

▶

Bare Act 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 advocate.

Previous Law

CrPC 205 → Section 228(1) BNSS

Section 228(2) BNSS: Magistrate may dispense with personal attendance of accused

▶

Bare Act Text

(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.

Previous Law

CrPC 205(2) → Section 228(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·