Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 228
Code: Section 228(1) and (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2020 (formerly known as the Code of Criminal Procedure, 1973).
Explanation:
This section deals with the appearance of the accused in a criminal proceeding. It empowers the Magistrate to dispense with the accused’s personal presence and allow him to appear through a lawyer. However, the Magistrate retains the authority to summon the accused personally at any stage of the proceedings if deemed necessary.
Illustration:
Imagine a case where an individual is accused of a minor offense like traffic violation. The Magistrate, after reviewing the case, may deem it unnecessary for the accused to appear personally and allow him to appear through his lawyer. However, if the Magistrate believes that the accused’s presence is crucial for effective investigation or trial, he can summon the accused to appear personally.
Common Questions and Answers:
- Q: Can an accused person always choose to appear through a lawyer?
- A: No. While the Magistrate can dispense with the accused’s personal attendance, he retains the discretion to direct the accused’s personal presence at any stage of the proceedings.
- Q: What are the reasons for the Magistrate to direct the accused’s personal attendance?
- A: The Magistrate may direct the accused’s personal attendance for various reasons, such as the complexity of the case, the need for identification, or the possibility of the accused fleeing justice.
- Q: What happens if the accused fails to appear despite a summons?
- A: The Magistrate can issue a warrant for the accused’s arrest and bring him to court.
