Section 134 BNSS: Power to Dispense with Personal Attendance
Section 134 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a Magistrate, where sufficient cause exists, to dispense with the personal attendance of a person who has been called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour. The Magistrate may also permit that person to appear through an advocate.
Bare Act Text of Section 134 BNSS
Meaning of Section 134 BNSS
Section 134 gives the Magistrate procedural discretion in preventive security proceedings. A person who has been required to show cause in relation to a bond for keeping the peace or maintaining good behaviour need not necessarily remain personally present before the Court on every occasion if the Magistrate is satisfied that there is sufficient cause to excuse personal attendance.
Where such exemption is granted, the Magistrate may permit the person to participate in the proceeding through an advocate. The provision therefore balances the Court's need to conduct preventive proceedings with the practical circumstances of the person concerned.
When Can Personal Attendance Be Dispensed With?
The statutory test is whether the Magistrate sees "sufficient cause". The section does not prescribe an exhaustive list of circumstances. The decision therefore depends on the facts placed before the Magistrate and remains subject to judicial discretion.
| Requirement | Effect under Section 134 |
|---|---|
| Person has been called upon to show cause regarding a bond for keeping the peace or good behaviour | Section 134 may apply to the person's attendance in the proceeding. |
| Magistrate finds sufficient cause | Personal attendance may be dispensed with. |
| Attendance is dispensed with | The Magistrate may permit appearance through an advocate. |
Scope of the Magistrate's Discretion
- The power applies in proceedings concerning security for keeping the peace or for good behaviour.
- The Magistrate must be satisfied that sufficient cause exists.
- The Court may excuse personal attendance instead of insisting on physical presence.
- The person may be permitted to appear through an advocate.
- The power concerns attendance and does not by itself terminate the underlying security proceeding.
Relationship with Sections 130 to 135 BNSS
Section 134 operates within the procedural sequence governing security proceedings. Section 130 BNSS deals with the written order requiring a person to show cause. Section 131 applies where the person is present in Court, while Section 132 deals with summons or warrant where the person is not present.
Section 133 BNSS requires a copy of the Section 130 order to accompany a summons or warrant issued under Section 132. Section 134 then enables the Magistrate, on sufficient cause, to dispense with personal attendance and permit representation by an advocate. The subsequent inquiry into the truth of the information is governed by Section 135 BNSS.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 134 BNSS substantially corresponds to Section 115 of the Code of Criminal Procedure, 1973, which empowered a Magistrate to dispense with personal attendance and permit appearance through a pleader. The BNSS uses the term "advocate" in the present provision.
Practical Effect of Section 134
Where exemption is granted, the person may participate through an advocate without being personally present, subject to the Magistrate's order and any further direction of the Court. The section is therefore particularly relevant where personal attendance would cause unnecessary difficulty but effective representation before the Court can still be ensured.
Official Legal Resources
Related BNSS Sections
This page is intended for legal information and reference. Application of criminal procedure may depend on the facts, date of proceedings, judicial orders and applicable saving or transitional provisions.