Chapter XVI
Section 205 CrPC: Magistrate may dispense with personal attendance of accused
New Law Update (2024)
Section 234 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
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 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.
Important Sub-Sections Explained
Section 205(1)
This sub-section empowers a Magistrate, when issuing a summons, to excuse the accused from personal attendance and allow them to appear through their lawyer (pleader), provided there is a valid reason for such exemption.
Section 205(2)
Notwithstanding any prior exemption, this sub-section clarifies that the Magistrate presiding over the case retains the discretion to subsequently direct the personal attendance of the accused at any stage of the proceedings and can enforce such attendance if deemed necessary for the proper conduct of the trial.
Landmark Judgements
Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001):
The Supreme Court affirmed the broad discretionary power of a Magistrate under Section 205 CrPC to dispense with the personal attendance of an accused, particularly in summons cases, allowing appearance through a pleader. The ruling emphasized that this discretion should be exercised to prevent inconvenience, provided the accused’s identity is not disputed and no prejudice is caused to the prosecution or administration of justice. It also clarified that the Magistrate retains the power to recall the exemption if personal attendance becomes necessary later.
S.V. Mazumdar v. State of Maharashtra (2011):
The Bombay High Court reiterated that the discretion under Section 205 CrPC must be exercised judiciously, considering factors such as the nature of the offence, the accused’s age, health, occupation, and the stage of proceedings. The Court highlighted that the primary objective is to balance the accused’s convenience with the smooth conduct of the trial, ensuring that the exemption does not impede the proceedings or cause prejudice to the prosecution.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS AT [City/District]
C.C. No. [Number]/[Year] / F.I.R. No. [Number]/[Year] at [Police Station]
[Complainant Name] / THE STATE
Vs.
[Accused Name]
APPLICATION UNDER SECTION 205 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR DISPENSING WITH PERSONAL ATTENDANCE OF THE ACCUSED
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned case is presently pending before this Hon’ble Court.
2. That the applicant/accused [Accused Name] has been summoned to appear before this Hon’ble Court on [Date].
3. That the applicant/accused is [state reason for seeking exemption, e.g., a senior citizen aged XX years suffering from medical conditions; a resident of a distant place, causing undue hardship and expense to travel for every hearing; a working professional whose frequent presence in court affects livelihood; the nature of the offence is such that personal presence is not essential for identification or trial progression at this stage].
4. That the applicant/accused undertakes to appear through his duly appointed pleader, [Pleader’s Name], who shall represent him in all proceedings and shall not dispute his identity. The pleader shall also ensure the presence of the accused whenever specifically directed by this Hon’ble Court.
5. That no prejudice will be caused to the prosecution or the administration of justice if the personal attendance of the applicant/accused is dispensed with at this stage.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Dispense with the personal attendance of the applicant/accused [Accused Name] under Section 205 CrPC.
b) Permit the applicant/accused to appear through his pleader, [Pleader’s Name], for the proceedings in the present case.
c) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Signature of Applicant/Accused)
[Accused Name]
Through Counsel:
(Signature of Pleader)
[Pleader’s Name]
Advocate for the Accused
Roll No: [Pleader’s Roll Number]
[Contact Details]