Section 115 CrPC: Power to dispense with personal attendance

Code of Criminal Procedure, 1973

Section 115 CrPC at a Glance

Section 115 CrPC deals with power to dispense with personal attendance. From 1 July 2024 it is replaced by Section 134 BNSS.

Now BNSS

Section 134 →

What Section 115 CrPC Says

115. Power to dispense with personal attendance

The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader.

Source: Section 115, Code of Criminal Procedure, 1973

Section 115 CrPC in Simple Words

Section 115 of the Code of Criminal Procedure, 1973 deals with the power to dispense with personal attendance. The Magistrate may, if the Magistrate sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why the person should not be ordered to execute a bond for keeping the peace or for good behaviour, and may permit the person to appear by a pleader.

When Section 115 CrPC Applies

  • Section 115 CrPC applies to any person called upon to show cause why the person should not be ordered to execute a bond for keeping the peace or for good behaviour.
  • The Magistrate may dispense with the personal attendance of that person if the Magistrate sees sufficient cause.
  • The Magistrate may permit that person to appear by a pleader.

Example of Section 115 CrPC

Naveen is called upon to show cause why Naveen should not be ordered to execute a bond for keeping the peace. The Magistrate sees sufficient cause and, under Section 115 CrPC, dispenses with the personal attendance of Naveen and permits Naveen to appear by a pleader.

When Section 115 CrPC Does Not Apply

  • Section 115 CrPC speaks of dispensing with the personal attendance of a person called upon to show cause. It does not deal with the issue of a summons or warrant for a person who is not present in Court, which is the subject of Section 113 CrPC.
  • Section 115 CrPC speaks of appearance by a pleader. It does not deal with the order to give security, which is the subject of Section 117 CrPC.

Section 115 CrPC Under BNSS 134: What Changed

Section 115 CrPC is now covered under Section 134 BNSS.

Section 134 BNSS has the same heading and the same text as Section 115 CrPC, except that Section 134 BNSS reads advocate where Section 115 CrPC read pleader.

View detailed comparison (CrPC 115 vs BNSS 134) →

FAQs on Section 115 CrPC

Whose personal attendance may be dispensed with under Section 115 CrPC?▼

The Magistrate may dispense with the personal attendance of any person called upon to show cause why the person should not be ordered to execute a bond for keeping the peace or for good behaviour.

When may the Magistrate dispense with personal attendance under Section 115 CrPC?▼

The Magistrate may dispense with personal attendance if the Magistrate sees sufficient cause.

How may the person appear under Section 115 CrPC?▼

The Magistrate may permit the person to appear by a pleader.

Where is Section 115 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 115 CrPC has no sub-sections, and maps as a whole to Section 134 BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·