Section 115 CrPC: Power to Dispense with Personal Attendance
Section 115 of the Code of Criminal Procedure, 1973 empowered a Magistrate, for sufficient cause, to dispense with the personal attendance of a person called upon to show cause in proceedings for security for keeping the peace or for good behaviour, and to permit appearance through a pleader.
What did Section 115 CrPC provide?
Section 115 - Power to dispense with personal attendance
The Magistrate could, where sufficient cause was shown, dispense with the personal attendance of a person who had been called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour. The Magistrate could also permit that person to appear through a pleader.
Meaning and scope of Section 115
The provision formed part of Chapter VIII of the CrPC dealing with security for keeping the peace and for good behaviour. It applied to preventive proceedings in which a person was required to show cause against an order for execution of a bond. It did not create a general right to remain absent. The power was discretionary and depended on the Magistrate being satisfied that there was "sufficient cause" for dispensing with personal attendance.
What is meant by "sufficient cause"?
The expression "sufficient cause" was not exhaustively defined in Section 115. It required the Magistrate to consider the circumstances placed before the court and decide whether personal attendance was reasonably necessary. The section therefore balanced the conduct of preventive proceedings with avoidance of unnecessary personal appearance where representation through a pleader was adequate.
Who could seek exemption from personal attendance?
The section concerned a person called upon to show cause why an order requiring a bond for keeping the peace or for good behaviour should not be made. Such proceedings arose under the connected provisions of Chapter VIII, including Sections 107 to 110, followed by the procedural provisions in Sections 111 to 116.
Appearance through a pleader
When personal attendance was dispensed with, Section 115 expressly enabled the Magistrate to permit appearance by a pleader. In the CrPC, "pleader" was defined in Section 2(q) to mean a person authorised by or under any law for the time being in force to practise in such court, and included any other person appointed with the permission of the court to act in the proceeding.
Relationship with Sections 111 to 116 CrPC
Section 111 required the Magistrate to make a written order setting out the substance of the information, the amount and term of the bond and particulars of sureties. Section 112 dealt with a person already present in court; Section 113 provided for summons or warrant where the person was not present; and Section 114 required a copy of the Section 111 order to accompany the summons or warrant. Section 115 then allowed personal attendance to be dispensed with for sufficient cause, while Section 116 governed the inquiry into the truth of the information.
Official statutory text
For the authoritative text of the Code of Criminal Procedure, 1973, see the India Code portal. The statutory text should be consulted together with amendments and the law applicable to the date and proceeding concerned.
Key point
Section 115 CrPC was a procedural enabling provision. It allowed the Magistrate to excuse personal attendance in Chapter VIII security proceedings when sufficient cause existed and to permit representation through a pleader. The decision remained with the Magistrate and depended on the facts of the proceeding.