Introduction to Section 228 BNSS
BNSS Section 228 gives Magistrates the power to allow an accused person to attend court proceedings through their lawyer, instead of appearing in person. However, the Magistrate can still require the accused to be present whenever necessary. This provision helps balance fairness, convenience, and the need for justice.
What is BNSS Section 228 ?
BNSS Section 228 is a provision in the Bharatiya Nagarik Suraksha Sanhita that allows a Magistrate to decide whether the accused needs to attend court personally or can appear through their lawyer. It helps reduce unnecessary travel and delays in cases where personal presence is not strictly required.
BNSS Section of 228 in Simple Points
1. Flexibility in Court Attendance
BNSS Section 228 gives the Magistrate flexibility to decide whether the accused needs to come to court in person or can be represented by their lawyer. This is useful for cases that are not too serious or where the accused cannot easily attend court. It saves time for both the court and the accused and reduces unnecessary delays.
2. Applies to Cases with Summons
This provision applies only when the court has issued a summons (a formal notice to attend court), not when a warrant is issued. This means it’s mostly for less serious cases where the accused’s presence is not critical for every hearing. This helps the court manage its schedule effectively.
3. Magistrate’s Discretion is Key
The Magistrate has the power to decide whether to allow this arrangement. This means it’s not automatic—the Magistrate must think about the seriousness of the case, the behaviour of the accused, and the need for justice. This ensures fairness and prevents misuse of the provision.
4. Lawyer Can Represent the Accused
If allowed, the accused can be represented by a lawyer, who can argue the case, cross-examine witnesses, and protect the accused’s rights. This ensures that the accused’s defence is not weakened by their absence. It also helps in avoiding repeated adjournments.
5. Magistrate Can Call the Accused Anytime
Even if the Magistrate initially excuses the accused’s personal attendance, he can still order them to come to court whenever necessary. If needed, the court can enforce this attendance using the legal process (like issuing a warrant). This ensures the trial remains fair and complete.
Section 228 of BNSS Overview
BNSS Section 228 allows a Magistrate to excuse the accused’s personal attendance if it’s reasonable, letting them appear through a lawyer. However, the Magistrate retains the power to require the accused’s presence at any stage. This ensures both fairness and efficiency in criminal trials.
BNSS Section 228 — 10 Key Points
1. Magistrate’s Power to Excuse Personal Attendance
BNSS Section 228(1) allows a Magistrate to decide that the accused does not need to attend court in person. Instead, the accused can be represented by their lawyer. This is useful for cases where the personal appearance of the accused is not strictly necessary, helping avoid inconvenience to the accused and ensuring smoother court proceedings. It is particularly helpful when the accused lives far from the court. This provision reflects the principle of justice being accessible and flexible. It also helps manage court schedules efficiently. Magistrates can apply this rule considering the seriousness and nature of the case.
2. Applies When Summons Is Issued
The power under BNSS Section 228 is available specifically when the court issues a summons, not when a warrant of arrest is issued. A summons is a simple court notice to appear, unlike a warrant which implies a more serious reason to ensure attendance. Therefore, if the court issues a summons to the accused, the Magistrate can exercise this discretion to allow representation by a lawyer. This distinction ensures that only appropriate cases can benefit from this flexibility. It maintains a balance between ensuring the accused’s presence and allowing practical representation. This helps in ensuring fairness in criminal proceedings.
3. Discretion Lies with the Magistrate
The Magistrate has the sole discretion to decide whether or not to excuse the accused’s personal attendance. This means the decision is not automatic or by default. The Magistrate will consider various factors before making this decision, such as the nature of the offence, the accused’s conduct, and the need for fair proceedings. This discretion ensures that the court remains in control of the trial process. It also ensures that the court’s authority is respected. The Magistrate’s decision must be reasonable and just, reflecting principles of natural justice.
4. Advocate Representation Permitted
When the Magistrate decides to excuse the personal attendance of the accused, the accused can be represented by an advocate (lawyer) in court. This means that the lawyer can appear on behalf of the accused, make submissions, cross-examine witnesses, and perform other legal duties. This provision ensures that the accused’s right to defend himself is protected even when not physically present. It is an important safeguard for the accused’s legal rights. The lawyer acts as the voice of the accused in court. This ensures fair representation and prevents unnecessary harassment of the accused.
5. Magistrate’s Power to Revoke Permission
BNSS Section 228(2) states that at any stage of the proceedings, the Magistrate may direct the personal attendance of the accused even if earlier permission was granted to appear through a lawyer. This power ensures that the Magistrate can reassess the situation at any time if the presence of the accused becomes necessary for a fair trial. For example, if the accused needs to be identified by a witness, the Magistrate may require them to attend. This power ensures flexibility and maintains the authority of the court. It balances convenience with the need for effective justice. It prevents misuse of the permission by the accused.
6. Enforcement of Attendance if Necessary
If the Magistrate orders the personal attendance of the accused under BNSS Section 228(2), the court can enforce this attendance using the procedures mentioned earlier in the Sanhita. This means that the court can issue warrants or take other legal steps to compel the accused’s presence. This ensures that the accused cannot avoid trial by misusing the permission to appear by lawyer. It strengthens the authority of the court to conduct a fair and complete trial. This provision acts as a safeguard against delay tactics. It also ensures that the accused cannot escape the legal process. It maintains the integrity of the court’s proceedings.
7. Helps in Speedy Disposal of Cases
Allowing the accused to appear through a lawyer can speed up the disposal of cases by avoiding unnecessary delays due to the accused’s personal commitments. For example, if the accused lives in another state or is unwell, allowing the lawyer to represent them keeps the trial moving. This is particularly important in the interest of justice and efficiency. It helps reduce case backlogs in courts. It also prevents unnecessary adjournments caused by the absence of the accused. Thus, BNSS Section 228 promotes the efficient functioning of the criminal justice system.
8. Maintains Fairness and Convenience
BNSS Section 228 strikes a balance between the rights of the accused and the need for the smooth functioning of the trial. By allowing representation through a lawyer, it ensures that the accused’s right to defend themselves is protected. At the same time, it gives the court the power to require personal attendance whenever necessary to uphold justice. This balance ensures fairness for both the accused and the prosecution. It reflects the principle of natural justice, where both sides are heard properly. This provision shows the humane side of the legal system. It also demonstrates respect for the dignity of the accused.
9. Important for Minor Offences
This provision is especially helpful in cases of minor offences, where the presence of the accused may not be crucial to the progress of the case. For example, in cases like traffic violations or small disputes, the accused can avoid the burden of repeated travel to court. It reduces the stress and expense on the accused. This also helps the court manage its time more efficiently by focusing on more serious cases. Thus, BNSS Section 228 ensures that minor cases do not clog the system. It also ensures that justice is not delayed for serious cases.
10. Supports Access to Justice
Overall, BNSS Section 228 promotes access to justice by making the court process less burdensome for the accused while ensuring that the court can still proceed effectively. It shows that the criminal justice system is not just about punishment but also about ensuring fairness and convenience. This provision helps modernize the criminal procedure to suit today’s realities. It reflects the principle that justice should be accessible to all, not just to those who can afford frequent travel. This makes the court system more humane and fair. It also builds public confidence in the justice system.
Example 1:
Suppose Ravi is accused of a minor traffic offence, and the court issues a summons for him to appear. The Magistrate, considering the nature of the offence, allows Ravi’s lawyer to appear on his behalf so Ravi does not have to miss work.
Example 2:
In a case of a petty theft charge, the accused, Sita, lives in another state. The Magistrate permits Sita’s lawyer to attend court on her behalf. However, when an eyewitness needs to identify Sita in court, the Magistrate orders her to be personally present.
Section 228 of BNSS Short Information
| BNSS 228 | Key Point |
|---|---|
| 1 | Magistrate can allow the accused to appear through a lawyer. |
| 2 | Helps reduce travel and inconvenience for the accused. |
| 3 | Court can still order personal attendance if needed. |
| 4 | Applies to summons cases under the Sanhita. |
| 5 | Balances fair trial rights with smooth court functioning. |
Why BNSS 228 is Needed?
BNSS Section 228 is needed to make the legal process more flexible and less burdensome for the accused. It allows the Magistrate to decide whether the accused must attend court personally or can be represented by a lawyer. This helps:
1 Reduce unnecessary travel and time for the accused.
2 Ensure smooth case proceedings even when personal presence is not strictly needed.
3 Avoid delays caused by the accused’s inability to attend in person.
4 Maintain the balance between the rights of the accused and the needs of the court.
5 Uphold principles of natural justice while ensuring the accused is heard.
BNSS Section 228 FAQs
BNSS 228
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