Section 134 – Power to Dispense with Personal Attendance

Introduction

Section 134 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of the Magistrate to dispense with the personal attendance of a person against whom proceedings for security for keeping the peace or for good behaviour have been initiated.

The provision recognises that in certain circumstances, requiring a person to personally appear before the Magistrate may not be necessary. It therefore gives the Magistrate a limited procedural power to permit the person to appear through an advocate.

Section 134 is intended to balance the requirements of preventive proceedings with fairness and practical convenience.

Meaning of Section 134

Section 134 provides that where a person against whom an order under Section 130 has been made is not present in Court, the Magistrate may, if sufficient cause is shown, dispense with the person’s personal attendance and permit them to appear through an advocate.

The power is discretionary. It is not an automatic right to avoid personal appearance.

The Magistrate must consider whether sufficient cause exists for dispensing with personal attendance.

Object and Purpose

The primary purpose of Section 134 is to prevent unnecessary personal appearance where circumstances justify it.

Its objectives include:

• avoiding unnecessary hardship to the person;
• allowing representation through an advocate where appropriate;
• making preventive proceedings more practical and efficient;
• ensuring that personal attendance is required only where necessary;
• preserving the Magistrate’s control over the proceedings.

The provision therefore provides procedural flexibility without removing the person’s participation in the proceedings.

Essential Requirements

For Section 134 to operate, certain conditions must be satisfied.

1. Proceedings Under Section 130

There must be an order made under Section 130 requiring the person to show cause.

2. Person Is Not Present

The person against whom the order has been made is not personally present before the Magistrate.

3. Sufficient Cause

There must be sufficient cause for dispensing with personal attendance.

The existence of sufficient cause is a matter for the Magistrate to determine.

4. Appearance Through Advocate

Where personal attendance is dispensed with, the Magistrate may permit the person to appear through an advocate.

Thus, the person continues to participate in the proceedings even though they are not physically present.

Discretion of the Magistrate

Section 134 gives the Magistrate a discretionary power.

The provision does not state that every request for exemption from personal attendance must be granted.

The Magistrate must consider the circumstances of the case and determine whether sufficient cause exists.

The nature of the proceedings, the stage of the case, the reason for absence and the need for the person’s physical presence may all be relevant considerations.

What Is Sufficient Cause?

The BNSS does not provide an exhaustive definition of sufficient cause for the purpose of Section 134.

Therefore, the Magistrate must determine whether the circumstances placed before the Court justify dispensing with personal attendance.

Examples may include circumstances such as:

• serious difficulty in personally appearing;
• substantial distance or other practical difficulties;
• circumstances making personal attendance unnecessary at that stage; or
• other genuine reasons accepted by the Magistrate.

The existence of sufficient cause must be assessed according to the facts of each case.

Appearance Through Advocate

One of the important features of Section 134 is that dispensing with personal attendance does not necessarily mean that the proceedings stop.

The person may be permitted to appear through an advocate.

The advocate can therefore represent the person’s interests before the Magistrate, subject to the applicable procedure and any directions of the Court.

This helps ensure that procedural convenience does not completely deprive the person of participation.

Section 134 and Section 131

Section 131 deals with the procedure where the person is present in Court.

Section 134, on the other hand, provides a mechanism for dispensing with personal attendance where sufficient cause exists.

Section 131	Section 134
Person is present in Court	Person’s personal attendance may be dispensed with
Proceedings proceed with the person present	Person may be represented through an advocate
Deals with ordinary procedure for a person present	Provides an exception based on sufficient cause

Section 134 and Section 132

Section 132 deals with the issue of summons or warrant where the person is not present.

Section 134 provides a further procedural possibility where the person’s personal attendance may be dispensed with.

The provisions should therefore be understood together.

Section 132 → Securing appearance

Section 133 → Copy of Section 130 order accompanies process

Section 134 → Personal attendance may be dispensed with for sufficient cause

The objective is to ensure that the proceedings can continue without unnecessarily insisting on physical attendance where it is not required.

Section 134 and Section 135

Section 135 deals with the inquiry into the truth of the information on which the preventive proceedings are based.

Dispensing with personal attendance under Section 134 does not eliminate the inquiry under Section 135.

The Magistrate must still follow the statutory procedure.

The person may participate through an advocate where personal attendance has been dispensed with.

Section 134 and Section 136

Section 136 deals with the final order requiring the person to furnish security.

Section 134 does not determine whether security should ultimately be furnished.

It only concerns the manner in which the person participates in the proceedings.

Therefore:

Section 134 = Procedural exemption from personal attendance

Section 136 = Final order regarding security

Section 134 and Personal Liberty

Preventive proceedings under Chapter IX can have an impact on personal liberty.

Section 134 provides a procedural safeguard by allowing unnecessary personal attendance to be avoided where sufficient cause exists.

At the same time, the discretion given to the Magistrate ensures that personal attendance can still be required where the circumstances of the proceedings make it necessary.

The provision therefore attempts to maintain a balance between:

• the individual’s convenience and liberty; and
• the Magistrate’s need to conduct effective preventive proceedings.

Example

Suppose an Executive Magistrate initiates proceedings against X under Section 129 and makes an order under Section 130 requiring X to show cause why X should not furnish security for good behaviour.

X is required to appear before the Magistrate but has a genuine reason that makes personal attendance difficult.

X applies for exemption from personal attendance and requests permission to appear through an advocate.

If the Magistrate is satisfied that sufficient cause exists, the Magistrate may dispense with X’s personal attendance and permit X to appear through an advocate.

The proceedings can then continue without requiring X to personally attend at every stage, subject to any further direction of the Magistrate.

Can Personal Attendance Be Required Later?

Yes.

Dispensing with personal attendance does not necessarily mean that the exemption is permanent or unconditional.

If the Magistrate considers the personal presence of the person necessary at a later stage, the Magistrate may require the person to attend according to law.

Therefore, Section 134 should be understood as a procedural discretion rather than an unconditional exemption from appearance.

Section 134 and Natural Justice

Section 134 does not remove the person’s opportunity to participate in the proceedings.

Instead, it permits participation through an advocate where personal attendance is unnecessary.

This is consistent with the principle that procedural requirements should not impose unnecessary hardship while still ensuring that the person has a meaningful opportunity to contest the proceedings.

Section 134 and CrPC

Section 134 BNSS substantially corresponds to Section 115 of the Code of Criminal Procedure, 1973.

Aspect	CrPC, 1973	BNSS, 2023
Provision	Section 115	Section 134
Subject	Power to dispense with personal attendance	Power to dispense with personal attendance
Nature	Procedural	Procedural
Basis	Sufficient cause	Sufficient cause
Representation	Through advocate	Through advocate
Purpose	Avoid unnecessary personal attendance	Avoid unnecessary personal attendance

The BNSS therefore substantially retains the earlier procedural mechanism while renumbering the provision.

Important Distinctions

Section 134 vs Section 131

Section 131 applies where the person is present.

Section 134 allows personal attendance to be dispensed with where sufficient cause exists.

Section 134 vs Section 132

Section 132 provides for summons or warrant when the person is not present.

Section 134 permits the Magistrate, in appropriate circumstances, to dispense with personal attendance and allow representation through an advocate.

Section 134 vs Section 136

Section 134 concerns attendance.

Section 136 concerns the final requirement to furnish security.

They deal with completely different procedural questions.

Common Confusions

Is exemption from personal attendance an automatic right?

No.

The Magistrate must be satisfied that sufficient cause exists.

Can the person be represented by an advocate?

Yes.

Where personal attendance is dispensed with, the person may be permitted to appear through an advocate.

Does dispensing with personal attendance end the proceedings?

No.

The proceedings continue according to the BNSS.

Can the Magistrate later require personal attendance?

Yes. The exemption does not necessarily prevent the Magistrate from requiring personal attendance where it becomes necessary.

Does Section 134 mean that the person is not required to participate?

No.

The person may continue participating through an advocate, subject to the directions of the Magistrate.

Topic at a Glance

Point	Position
Topic	Power to dispense with personal attendance
BNSS Section	Section 134
Corresponding CrPC provision	Section 115
Nature	Procedural
Authority	Magistrate
Condition	Sufficient cause
Result	Personal attendance may be dispensed with
Representation	Through advocate
Inquiry	Section 135
Final security order	Section 136

Quick Revision

• Section 134 BNSS deals with the power to dispense with personal attendance.
• It operates in proceedings arising from an order under Section 130.
• The Magistrate may exercise the power where sufficient cause is shown.
• The person may be permitted to appear through an advocate.
• Dispensing with attendance does not terminate the proceedings.
• The Magistrate retains control over whether personal attendance is necessary.
• The inquiry under Section 135 continues according to law.
• The final security order is dealt with under Section 136.
• Section 134 substantially corresponds to Section 115 CrPC.
• The provision balances procedural efficiency with the person’s right to participate in preventive proceedings.

ALSO READ: Section 133 – Copy of order to accompany summons or warrant

Conclusion

Section 134 BNSS provides a useful procedural safeguard by allowing the Magistrate to dispense with the personal attendance of a person when sufficient cause is shown. Instead of requiring physical presence in every situation, the person may be permitted to participate through an advocate.

The provision does not create an unconditional right to exemption. The decision remains within the Magistrate’s discretion, and personal attendance may still be required where necessary. Its purpose is to ensure that preventive security proceedings remain effective without imposing unnecessary hardship on the person concerned.