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The Magistrate issued summons in Agra. Do I have to appear personally?

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Topic starter
(@Mahnoor Chishti)
Joined: 4 weeks ago
[#1293]
I recently received summons from a Agra criminal court in connection with a complaint case. Can my lawyer appear on my behalf, or is my personal appearance mandatory?

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Posts: 2660
(@advocate-mudit-pratap)
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Joined: 2 months ago

This is a very common worry, so let me set your mind at ease while also being clear about what you must not do. A summons issued by the Magistrate under Section 227 of the BNSS (formerly Section 204 CrPC) does require your response, but "responding" does not always mean turning up in person for every single date. The law provides a specific mechanism for exemption from personal appearance.

Under Section 228 of the BNSS (the old Section 205 CrPC), the Magistrate has the discretion, when issuing a summons, to dispense with your personal attendance and permit you to appear through your advocate. This is especially common in summons cases and relatively minor matters, where dragging the accused to court for routine, formal hearings serves little purpose. Your lawyer can file an application seeking this exemption, undertaking that you will appear personally whenever the court genuinely requires it — for instance, at the recording of your statement. For later trial stages, a similar dispensation is available under Section 355 BNSS (formerly Section 317 CrPC).

The one thing you must absolutely avoid is ignoring the summons. Non-appearance without seeking exemption can prompt the court to issue a warrant, converting a manageable situation into a serious one. So the correct approach is proactive: appear or have your counsel appear on the first date, and simultaneously move the application for exemption from personal attendance where the nature of the case allows. Engaging a criminal lawyer in Agra to file the exemption application promptly keeps you compliant while sparing you repeated trips to court.

Bear in mind that the Magistrate retains the power to direct your personal presence at any stage if the court considers it necessary, so an exemption is a facility, not an absolute right, and it can be withdrawn. In more serious or warrant-triable cases, personal appearance at key stages is often unavoidable. But for the everyday summons that worries most clients, the honest reassurance is this: with a properly filed application under Section 228, you can usually attend through your lawyer and get on with your life, provided you never simply disregard the court's process.


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