Introduction to Section 134 BNSS / Dispense with Personal Attendance
BNSS Section 134 is part of the preventive legal process under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This section gives flexibility to the Magistrate by allowing a person who is asked to show cause for a peace bond or good behaviour not to appear personally, if the Magistrate thinks there is a valid reason.
What is BNSS Section 134 ?
A Magistrate has the power to excuse (dispense with) the personal appearance of a person who is required to appear in court to show cause why they should not be asked to sign a bond for keeping peace or good behaviour. Instead of coming in person, the person may appear through a lawyer (advocate), if the Magistrate is satisfied that there is a good reason.
BNSS Section of 134 in Simple Points
1. Preventive Purpose Only
This section is not for punishing someone, but for preventing a possible breach of peace. It acts as a precautionary legal tool used when there is credible information that someone may disturb public peace. It allows the Magistrate to take action before anything illegal happens, based on reliable reports or behaviour patterns.
2. Legal Requirement to Execute a Bond
If the Magistrate believes that the person may cause trouble or disturb public peace, they may require that person to sign a bond (called a “peace bond”) with or without sureties. This bond is a formal agreement where the person promises to maintain peace and follow the law during the specified time period.
3. Based on Information or Police Report
The Magistrate acts only when there is credible information, a complaint, or a police report suggesting the possibility of future danger to public peace. The Magistrate must be satisfied with the evidence before taking any action under this section. The person is then given a chance to appear in court and explain their conduct.
4. Time-Bound Order
The bond required under this section is always for a limited time, usually not exceeding one year. The Magistrate decides the exact duration based on the facts of the case. Once this period is over, the person is free from bond obligations, unless a new situation arises.
5. Consequence of Non-Compliance
If the person refuses to sign the bond, the Magistrate has the authority to order their detention in jail for the duration specified in the order (maximum one year). This is done to prevent harm to society, not as a punishment for a crime. The purpose is to ensure that public peace is maintained at all times.
Section 134 of BNSS Overview
BNSS Section 134 gives power to a Magistrate to excuse the personal attendance of a person who is called to court to explain why they should not be ordered to sign a peace bond or good behaviour bond.
Instead of appearing in person, the person may be allowed to send an advocate (lawyer) if the Magistrate finds sufficient reason.
10 Key Points of BNSS Section 134
1. Discretion of the Magistrate
BNSS Section 134 gives the Magistrate full authority to decide whether a person must appear in court in person or can be allowed to send a lawyer. This decision depends entirely on the Magistrate’s satisfaction. The law does not guarantee that anyone can skip court—permission must be granted by the Magistrate after reviewing the situation.
Example: A 70-year-old man named Shyamlal is called to court to give a bond for good behaviour. He requests the court to allow his lawyer to appear instead because of his old age. The Magistrate checks his medical records and agrees.
2. “Sufficient Cause” Must Be Shown
A person who wants to skip personal court appearance must give a valid reason, known as a “sufficient cause.” The reason should be genuine and reasonable, like illness, physical disability, old age, travel difficulties, or other serious issues. If the Magistrate is not satisfied, they can reject the request.
Example: Anita, a woman living in a remote village, is called to court 300 km away. She applies to the court saying she has no easy transport and is also unwell. The Magistrate sees her medical certificate and grants the request.
3. Applies in Preventive Cases Only
This section is not applicable to all types of legal matters. It is only used in preventive cases, where a person is asked to sign a bond promising that they will maintain peace or behave properly in the future. This section does not apply in criminal trials like murder or theft cases.
Example: Ravi had previously gotten into a street fight. Now, the police suspect he may cause trouble again. So, the court asks him to give a peace bond. Under Section 134, Ravi requests the court to allow his lawyer to appear instead of himself.
4. Legal Representation Through Advocate
If the Magistrate agrees, the person may send a legal advocate (lawyer) to appear in court. The advocate must be properly authorized to speak on behalf of the person and must carry legal documents like a vakalatnama (authority letter). No ordinary person can appear instead.
Example: Sunil is out of town on an important job. His lawyer, Meera, appears in court on his behalf with a signed vakalatnama. The Magistrate allows this because it is a preventive bond case.
5. Not Applicable to Criminal Trials
Explanation:
This section cannot be used in regular criminal trials where the accused is required to appear personally—especially in serious offences like robbery, assault, rape, or murder. It is only limited to non-criminal preventive actions.
Example: Ajay is charged with theft. He cannot use Section 134 to avoid court. He must attend in person, even if he hires a lawyer.
6. Reduces Unnecessary Crowd in Court
By allowing people to appear through advocates, the court can reduce the number of people physically present, which saves time and avoids overcrowding in the courtroom. This helps the judicial system work more efficiently.
Example: During a single hearing, 15 people are called to give good behaviour bonds. Five of them are old and three are sick. The court allows them to appear through lawyers, reducing crowd and saving time.
7. Offers Relief to Needy Persons
People who are ill, elderly, disabled, or have genuine issues like no transport or financial hardship can benefit from this section. It allows them to participate in legal proceedings without facing physical or mental stress of attending court.
Example: Leela, an 80-year-old woman, cannot walk properly and needs support. When asked to appear in court for a peace bond, her lawyer requests an exemption. The court agrees and allows the lawyer to appear instead.
8. Not an Automatic Right – Must Be Earned
People do not have an automatic right to avoid personal attendance. They must apply for it with proper reason, and the Magistrate must be convinced. If the court finds the reason false or weak, it can refuse the request.
Example: Sohail pretends to be sick and sends a fake certificate to avoid attending court. The Magistrate investigates and finds out the truth. His request is rejected, and he is ordered to appear in person.
9. Advocate Must Be Legally Authorized
The lawyer who appears in place of the person must have a legal document, signed by the person, giving permission to represent them. This document is called a vakalatnama. Without it, the court may not allow the lawyer to act on behalf.
Example: Nisha wants her lawyer to appear for her in court. She signs a vakalatnama and gives it to her advocate. The court accepts it and proceeds with the hearing.
10. Protects Individuals from Harassment
Sometimes, people are unnecessarily called to court even in small or preventive matters. This section ensures that they are not harassed or forced to travel long distances for simple proceedings. It promotes fairness and dignity in law.
Example: Rajesh is a schoolteacher and was wrongly listed in a preventive action case. Rather than taking leave from work and traveling 200 km, he sends a lawyer. This saves his time and prevents unnecessary trouble.
Section 134 of BNSS Short Information
| Element | Details (Simple English) |
|---|---|
| Section Number | BNSS Section 134 |
| Law Name | Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Topic | Power to excuse personal attendance |
| Who can use it | Magistrate |
| What it allows | Person can appear through lawyer (advocate) instead of in person |
BNSS Section 134 FAQs
BNSS 134
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