Once a Magistrate excuses someone from personal attendance, they never have to appear in court again for that case.

The exemption isn't permanent—the Magistrate can order the accused to appear in person at any later stage of the case if needed.

Sending a lawyer instead of appearing personally is an automatic right of the accused.

It's a discretionary decision made by the Magistrate, who must see a valid reason before granting such an exemption.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 228

Magistrate may dispense with personal attendance of accused

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his advocate.§

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.§

Why this exists

This provision exists to reduce unnecessary hardship for accused persons—especially in minor or technical offences—who would otherwise have to travel and wait in court for routine hearings. It balances convenience (letting a lawyer appear instead) with the court's need to ensure the accused is present when their personal appearance genuinely matters, such as for identification, recording a plea, or sentencing. This mirrors a long-standing provision from the earlier Code of Criminal Procedure, carried forward with modernized language.

How courts read it

Under the identical predecessor provision in the Code of Criminal Procedure (Section 205), courts held that exemption from personal attendance is a discretionary power meant to ease genuine difficulties—like distance, illness, or business commitments—especially in cases involving corporate accused or minor offences such as cheque-bounce cases under the Negotiable Instruments Act. Courts clarified that this discretion must be exercised judicially, not mechanically, and that Magistrates retain full power to recall the accused for personal appearance whenever the interests of justice require it, such as for framing charges or recording statements. These interpretive principles are expected to continue guiding courts under this renumbered provision.

Common misconceptions

Myth: Once a Magistrate excuses someone from personal attendance, they never have to appear in court again for that case.
Fact: The exemption isn't permanent—the Magistrate can order the accused to appear in person at any later stage of the case if needed.
Myth: Sending a lawyer instead of appearing personally is an automatic right of the accused.
Fact: It's a discretionary decision made by the Magistrate, who must see a valid reason before granting such an exemption.