Introduction
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is one of the three new criminal laws that replaced the old Criminal Procedure Code (CrPC), 1973. It aims to make India’s justice system faster, more transparent, and more citizen-friendly. One important provision under this new law is BNSS Section 134 – Power to dispense with personal attendance. This section is part of BNSS Chapter 9, which deals with Security for Keeping the Peace and for Good Behaviour.
In this article, we will explain BNSS Section 134 in simple words, its meaning, purpose, scope, and how it helps both citizens and the justice system. We will also compare it with the old law, give practical examples, and discuss why it is important in maintaining peace and good conduct.
What is BNSS Section 134?
BNSS Section 134 – Power to dispense with personal attendance gives the Magistrate the authority to excuse a person from appearing personally in court under certain conditions. The section states:
“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 an advocate.”
In simple words, if someone is called by the Magistrate to explain why they should not be required to sign a bond for maintaining peace or good behaviour, the Magistrate can allow that person to be represented by a lawyer instead of attending personally, if there is a valid reason.
Meaning of “Dispense with Personal Attendance”
The phrase “dispense with personal attendance” means to excuse or relieve someone from personally appearing in court. Under BNSS Section 134, the Magistrate has the discretion (choice) to decide whether or not a person must appear in person. If the Magistrate believes that the person’s presence is not necessary, or that attending court would cause unnecessary hardship, the person can be allowed to appear through an advocate.
This is particularly useful in cases where:
The person lives far away from the court.
The case is minor and does not require personal appearance.
The person is ill, old, or unable to travel.
The court proceedings can be handled legally by a lawyer.
Purpose of BNSS Section 134
The main purpose of BNSS Section 134 – Power to dispense with personal attendance is to ensure convenience and efficiency in legal proceedings. It prevents unnecessary harassment of individuals who may not need to appear in person for minor matters.
It also helps in:
Reducing court congestion: Many small cases involve people who only need to show cause for keeping peace or good behaviour. Allowing representation by an advocate saves the court’s time.
Respecting citizens’ time and dignity: Not everyone needs to take time off work or travel long distances for a simple legal formality.
Ensuring fairness: The section gives the Magistrate flexibility to decide each case based on its facts and circumstances.
Supporting digital justice: As India moves towards online hearings and digital documentation, this section aligns with the goal of remote access to justice.
Connection with BNSS Chapter 9
BNSS Chapter 9 is titled “Security for Keeping the Peace and for Good Behaviour.” It deals with the powers of the Magistrate to ensure that individuals who may disturb public peace or act in a harmful way are kept under check.
Under this chapter, the Magistrate can:
Require a person to sign a bond (a written promise) to keep the peace.
Demand security or sureties (guarantors) for good behaviour.
Take preventive actions before an offence occurs.
BNSS Section 134 fits into this framework as a procedural safeguard. It allows people to handle such matters through their advocates, preventing unnecessary hardship while still maintaining public order.
Example to Understand BNSS Section 134
Let’s take a simple example to understand how this section works in practice.
Suppose Ravi lives in a small village and is accused of creating tension during a festival. The Magistrate issues a notice under BNSS Chapter 9, asking him to show cause why he should not be ordered to execute a bond for keeping the peace.
However, Ravi is a daily wage worker and cannot afford to take a full day off and travel to the district headquarters for a short hearing. In this case, the Magistrate may use the power under BNSS Section 134 to excuse Ravi from personal attendance. Instead, Ravi can be represented by a lawyer, who will explain his side and ensure that legal procedures are followed.
This makes the process fair and convenient for both the citizen and the court.
Comparison with the Old Law (CrPC Section 118)
BNSS Section 134 corresponds to Section 118 of the Criminal Procedure Code (CrPC), 1973, which also allowed the Magistrate to excuse a person from personal attendance.
However, the BNSS 2023 version uses clearer and simpler language. It emphasizes the Magistrate’s discretion and aligns with the citizen-centric approach of the new legal framework.
The change also reflects the modern reality of digital hearings, remote legal representation, and the government’s goal to make justice more accessible and efficient.
Importance of BNSS Section 134 in Modern Legal System
The importance of BNSS Section 134 – Power to dispense with personal attendance goes beyond procedural convenience. It reflects a progressive shift in how India’s criminal justice system views citizens’ rights and responsibilities.
Here’s why it matters:
Human-centered justice: It recognizes that people have jobs, families, and obligations that may make personal attendance difficult.
Judicial efficiency: Courts can focus on serious cases instead of spending time on formal appearances.
Promotes trust in law: When the justice system is flexible and considerate, citizens are more likely to cooperate with it.
Supports advocates: Lawyers can efficiently represent their clients without causing unnecessary delay or hardship.
Practical Application in Courts
In real-world practice, BNSS Section 134 is often applied in preventive cases where the Magistrate wants to ensure peace in a community. For example:
During political rallies, religious events, or public meetings, authorities may take preventive action to stop potential disturbances.
If a person is known for creating public nuisance, they may be asked to provide a bond of good behaviour.
When the person is not a threat or can be represented by a lawyer, the court may dispense with their personal attendance.
This helps balance public safety with individual convenience.
Rights and Responsibilities under BNSS Section 134
Rights:
A person has the right to request the Magistrate to excuse personal attendance.
The person can be represented by an advocate.
The Magistrate must record reasons if personal attendance is excused.
Responsibilities:
The person must ensure their advocate appears on their behalf.
The person must follow any directions issued by the Magistrate.
The person must comply with the bond or conditions if ordered.
This ensures that the legal process remains balanced and that people do not misuse the Magistrate’s leniency.
Also read: BNSS Article
Conclusion
BNSS Section 134 – Power to dispense with personal attendance is a small but significant provision under the Bharatiya Nagarik Suraksha Sanhita, 2023. It empowers the Magistrate to excuse personal attendance when there is a valid reason, allowing representation by an advocate.
This section reflects the citizen-first approach of the new BNSS 2023, ensuring that justice is accessible, efficient, and humane. By reducing unnecessary hardship, saving time, and promoting legal convenience, this law strengthens the relationship between citizens and the justice system.
As India moves into a new era of modern criminal law, provisions like BNSS Section 134 ensure that justice is not only done but also seen to be done — with compassion, practicality, and fairness.
