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Issue of Process and Exemption from Personal Appearance under the Bharatiya Nagarik Suraksha Sanhita, 2023

Volume
3
Issue
1
Pages
1–8
Published
Oct 2026
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Abstract

Process and exemption from personal appearance are significant features of criminal procedure in India. When there are adequate grounds to proceed, a criminal court might order an accused individual to appear before it under the issuance of process. Exemption from personal appearance allows an accused individual to participate in a hearing through an advocate without having to be personally present. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which went into effect on July 1, 2024, governs these topics principally through Sections 227, 228 and 355. These provisions seek to maintain a balance between effective justice administration, individual liberty, and procedural fairness. This paper analyzes the statutory framework, corresponding judicial decisions, practical issues, and potential improvements regarding process and exemption from personal appearance. It contends that judicial application of mind, reasoned orders, and the proper use of judicial discretion are required to prevent undue harassment while ensuring that criminal processes are completed fairly and expeditiously.

Authors
DS
D. Saranya
Keywords
Bharatiya Nagarik Suraksha Sanhitapersonal appearancejudicial discretionprocess exemptioncriminal procedure
References
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