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 an advocate.
Why this exists
Proceedings to bind a person over for keeping the peace or good behaviour (preventive, not punitive, in nature) can sometimes be resolved without forcing the person to appear physically every time, especially where age, illness, distance, or other genuine difficulties exist. This provision balances the state's interest in ensuring compliance with the practical need to avoid unnecessary hardship, allowing legal representation to substitute for personal presence when the Magistrate is satisfied there is sufficient cause.
Common misconceptions
- Myth: This provision means the person can completely avoid the legal process.
Fact: It only excuses personal physical attendance; the person still must be represented by an advocate and the case continues normally. - Myth: The Magistrate must always allow this exemption if requested.
Fact: The Magistrate has discretion and will only allow it if he is satisfied there is 'sufficient cause' shown.