Magistrate may dispense with personal attendance of accused
AI Assist
Summary
When a Magistrate issues a summons, he may excuse the accused from appearing in person and allow appearance through an advocate. At any stage while inquiring into or trying the case, the Magistrate may direct the accused to attend personally. If so ordered, the court can enforce that personal attendance.
Example
Priya gets a summons to appear before the Magistrate about a dispute at her shop. The Magistrate lets her appear through her advocate, so she need not come in person. Later, if the Magistrate requires her personal attendance, Priya can be ordered to appear and the court may enforce that order.
Bare Act
Enacted text(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.
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