Skip to main content

section 228 magistrate may dispense with personal attendance of accused ...


CrPC Section 205 vs BNSS Section 228? —

India’s criminal justice system has undergone a major transformation with the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaced the old Criminal Procedure Code (CrPC) 1973. One of the interesting changes in this new law is how it modernizes existing legal procedures.

A perfect example of this is the comparison between Section 205 of the CrPC and Section 228 of the BNSS. Both deal with the same idea—allowing an accused person to be exempted from appearing in court personally—but BNSS makes the rule more practical for the modern digital era.

🔹 What Section 205 of CrPC Said

Under Section 205 of the CrPC, the magistrate had the power to dispense with the personal attendance of the accused. This means that if an accused had a valid reason or lived far away, the magistrate could excuse their physical presence and allow their lawyer to appear instead.

The key points were simple:

  • The magistrate could excuse the personal attendance of the accused.

  • The accused’s advocate could represent them.

  • The court could call the accused personally whenever necessary.

Example:
If a person was charged in a minor case and had difficulty traveling to court, their lawyer could appear and handle proceedings on their behalf.

🔹 What Section 228 of BNSS Says

Section 228 of the BNSS 2023 carries forward the same principle but with modern clarity. It recognizes the role of technology and simplifies the language to make the law more accessible.

According to Section 228:

The Magistrate may, if it does not prejudice the interest of justice, exempt the personal attendance of the accused and permit them to appear through their advocate.

🔹 Why?

The courts today often face delays due to logistical challenges—such as accused persons traveling long distances or minor procedural hearings consuming unnecessary time.

This is especially helpful in cases where physical presence adds no real value to the proceedings.

Keywords: CrPC 205, BNSS 228, CrPC vs BNSS, New Criminal Law 2023, Section 205 CrPC Explained, Section 228 BNSS Explained, CrPC Replaced by BNSS, Law Notes in Hindi, BNSS Summary, Legal Blog

Author: Ajay Sharma Law
Category: Legal Education / BNSS 2023 Update



Watch the full video on YouTube.  section 228 bnss 2023.

© Ajay Sharma Law – All Rights Reserved
This blog is the original work of Ajay Sharma Law. No part of this content may be copied, reproduced, or republished without permission. The information shared here is for educational and informational purposes only. It should not be treated as professional legal advice.

While every effort has been made to ensure the accuracy of the content, the author does not assume any responsibility for errors or omissions. Readers are encouraged to refer to official bare acts or legal professionals for detailed interpretation.

Disclaimer (in Hindi):
यह ब्लॉग केवल शैक्षिक उद्देश्यों के लिए तैयार किया गया है। इसका उद्देश्य किसी भी व्यक्ति, संस्था या प्राधिकरण के प्रति पक्षपात दिखाना नहीं है। इसमें दी गई जानकारी सामान्य कानूनी जानकारी के रूप में प्रस्तुत की गई है ताकि पाठकों को विषय की समझ मिल सके।

Comments

Post a Comment

Popular posts from this blog

Maintenance of Widowed Daughter-in-law| sec 19 HINDU ADOPTION AND MAINTE...

Watch full video on youtube subscribe- AJAY SHARMA LAW Maintenance of Widowed Daughter-in-law under Hindu Law: AJAY SHARMA LAW When a woman loses her husband, her life often becomes financially and emotionally difficult. Recognizing this, Hindu law provides protection to widowed daughters-in-law by ensuring they can receive maintenance from certain family members. In this blog, we explain the law in simple English , with examples, so you can understand your rights or prepare for law exams. 1. What is Maintenance of a Widowed Daughter-in-law? Under Section 19 of the Hindu Adoption and Maintenance Act, 1956 , a Hindu wife , whether married before or after the commencement of this Act, is entitled to maintenance from her father-in-law after the death of her husband. Key Point: Maintenance is only required if the widowed daughter-in-law cannot maintain herself from her own earnings, property, or support from other sources like her parents or children. 2. Who is Responsible fo...
Post a Comment
Read more

section 7 jurisdiction family court 1984 | AJAY SHARMA LAW

Family Court section 7  (Its Jurisdiction) (1) A Family Court has the same power as a District Court or a lower Civil Court in family-related matters. It means that, following all the other rules of this law, a Family Court must: (a) Have and use all the powers that a District Court or any lower Civil Court has, according to the laws in effect right now. This power is specifically for the types of lawsuits and cases that are listed below in the Explanation section. (b) When the Family Court is using these powers, it will be treated as if it were a District Court or that lower Civil Court for the area where the Family Court operates. Explanation: Types of Cases a Family Court Hears The cases mentioned above that a Family Court can handle are the following: (a) Cases about the Marriage Itself: A lawsuit or proceeding between the husband and wife for: Annulment (declaring the marriage was never legal, or making it void). Restitution of Conjugal Rights (an order for one spouse t...
Post a Comment
Read more

Section 4 Appointment of Judges | Family Court 1984 | AJAY SHARMA LAW

Watch the full video on YouTube— AJAY SHARMA LAW Appointment of Judges in Family Courts Family Courts Act 1984 explained Who appoints Judges in Family Court India Family Court Principal Judge and Additional Judge Qualifications of Family Court Judge in India Age limit of Family Court Judge Salary and allowances of Family Court Judge Powers of Family Court Judges Family Courts Act simplified for students Family Courts Act notes for LLB students Family Court Judges appointment process Eligibility criteria for Family Court Judges Family Courts Act 1984 summary in Hinglish Family Court Act bare act explanation Family Courts Act important sections explained Family Court Judges role and powers Family Courts Act judiciary preparation notes Family Court Judges selection procedure Law notes on Family Courts Act Appointment of Judges in Family Court blog keywords Family Court Judge qualifications and eligibility Family Courts Act f...
Post a Comment
Read more