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

Code of Criminal Procedure, 1973

Section 205 CrPC at a Glance

Section 205 CrPC deals with magistrate may dispense with personal attendance of accused. From 1 July 2024 it is replaced by Section 228 BNSS.

Now BNSS

Section 228 →

What Section 205 CrPC Says

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.

Source: Section 205, Code of Criminal Procedure, 1973

Section 205 CrPC in Simple Words

Section 205 of the Code of Criminal Procedure, 1973 has sub-sections 1 and 2.

Under Section 205(1) CrPC, 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 pleader of the accused.

Under Section 205(2) CrPC, 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 205 CrPC Applies

  • Section 205(1) CrPC 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 a pleader.
  • 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.

Example of Section 205 CrPC

A Magistrate issues a summons to Vikram. Seeing reason so to do, the Magistrate dispenses with the personal attendance of Vikram and permits Vikram to appear by a pleader, as Section 205(1) CrPC allows. Later, at a stage of the proceedings, the Magistrate trying the case directs the personal attendance of Vikram under Section 205(2) CrPC and, if necessary, enforces that attendance in the manner hereinbefore provided.

When Section 205 CrPC Does Not Apply

  • Section 205(1) CrPC speaks of a Magistrate issuing a summons. It does not deal with a Magistrate issuing a warrant.
  • Section 205 CrPC speaks of the personal attendance of the accused. It does not deal with the attendance of a witness.

Section 205 CrPC Under BNSS 228: What Changed

Section 205 CrPC is now covered under Section 228 BNSS.

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.

View detailed comparison (CrPC 205 vs BNSS 228) →

FAQs on Section 205 CrPC

Can a Magistrate dispense with the personal attendance of the accused under Section 205 CrPC?▼

Under Section 205(1) CrPC, 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 a pleader.

Can the Magistrate direct personal attendance later under Section 205 CrPC?▼

Under Section 205(2) CrPC, 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 205 CrPC?▼

Section 205(1) CrPC permits the accused to appear by a pleader when the Magistrate dispenses with personal attendance.

Where is Section 205 CrPC found in the BNSS from 1 July 2024?▼

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

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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: 26 Oct 2026 ·