What Is BNSS Section 134?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 134: Power to dispense with personal attendance

The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader.

Brefe Detail

Section 134 allows a Magistrate to excuse the personal attendance of an individual who is required to explain why they should not be mandated to execute a bond for maintaining peace or ensuring good behaviour. Instead, the individual can be represented by a legal pleader.

Question & Answers

Q1: What does Section 134 of the Bharatiya Nagarik Suraksha Sanhita address?

A1: It addresses the power of the Magistrate to dispense with the personal attendance of a person required to show cause regarding a bond for keeping the peace or good behaviour.

Q2: Under what condition can a Magistrate dispense with personal attendance?

A2: The Magistrate can dispense with personal attendance if he sees sufficient cause.

Q3: Who can represent the person if personal attendance is dispensed with?

A3: The person may be permitted to appear by a pleader.

Example

1. If an individual is summoned to explain why they should not execute a bond for good behaviour but is unable to attend due to health reasons, they can request the Magistrate to allow representation by a lawyer.

2. In a case where a person is traveling abroad and cannot appear in person, they may seek a waiver of their attendance and appoint a pleader to represent them in court.

Summary

Section 134 empowers the Magistrate to allow individuals to be represented by legal counsel rather than requiring their physical presence in court, provided there is a valid reason for their absence. This provision aims to facilitate the legal process while ensuring that individuals can still have their cases heard adequately.