Permanent Court Exemption

What is Permanent Court Exemption?

Under the Code of Criminal Procedure (CrPC), Section 205 (now replaced by Section 223 of the Bharatiya Nagarik Suraksha Sanhita – BNSS, 2023), an accused person may be allowed to seek exemption from personal appearance in court.

In simple words, Permanent Court Exemption means that the accused is not required to attend every hearing physically, and the proceedings can be carried out through their advocate.

This provision is especially useful for individuals who face genuine difficulties in attending repeated court dates due to age, illness, residence outside the jurisdiction, or professional commitments. Once granted, the exemption saves time, cost, and unnecessary harassment while ensuring that the legal process continues smoothly.

Why is Permanent Court Exemption Important?

In many cases involving minor or bailable offences (such as cheque bounce cases, matrimonial disputes, or professional disagreements), the accused is summoned repeatedly. Attending every hearing becomes stressful, time-consuming, and financially draining. Permanent Court Exemption is a relief in such situations.

It is particularly important in cases such as:

• Senior citizens who are unable to travel due to age or medical issues.

• NRIs (Non-Resident Indians) or people living outside the state/country who cannot appear at every date.

• Women, especially pregnant women, who face difficulty in attending regular hearings.

• Persons with serious medical conditions who are undergoing long-term treatment.

• Professionals or government employees with unavoidable work obligations.

By filing a Permanent Exemption Application, such individuals can request the court to allow their advocate to represent them, while they themselves are exempted from attending every single hearing.

Legal Basis – CrPC Section 205 / BNSS Section 223

The law behind permanent exemption is found under Section 205 of the Code of Criminal Procedure (CrPC), which is now reflected in Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This section empowers the Magistrate to dispense with the personal attendance of the accused and permit them to appear through their advocate.

Key highlights of Section 205 CrPC / Section 223 BNSS:

• The Magistrate may allow the accused to be represented by a pleader (advocate).

• If the court considers the personal presence necessary at any stage, it may order the accused to appear in person.

• Exemption is granted only after examining the genuineness of reasons such as age, illness, distance, or unavoidable hardship.

Thus, while the exemption offers significant relief, it is not an absolute right but a discretion of the court.

Eligibility for Permanent Exemption

Not every accused can automatically claim this relief. Courts consider the following factors before granting exemption:

• Nature of the offence – Exemption is more likely in cases involving minor or bailable offences.

• Reason for exemption – Valid grounds such as illness, old age, residence abroad, or genuine difficulty in attending.

• Representation by lawyer – The accused must be represented by an advocate who undertakes to appear in court on their behalf.

• Undertaking to appear if required – The accused must agree to be physically present whenever the court deems necessary.

Common Grounds for Seeking Permanent Exemption

• Medical Grounds: Heart disease, disability, long-term illness, post-surgery recovery.

• Age Grounds: Senior citizens facing mobility challenges.

• Professional Grounds: Government employees, doctors, armed forces, or businesspersons with unavoidable duties.

• Residential Grounds: People living in other states or abroad (NRIs).

• Women Grounds: Pregnant women or mothers with infants.

The Process of Applying for Permanent Court Exemption

1. Drafting the Application: A formal application under Section 205 CrPC / Section 223 BNSS is drafted by the advocate, mentioning the reasons for exemption.

2. Supporting Documents: Relevant documents such as medical certificates, travel records, employment letters, or proof of residence are attached.

3. Filing Before the Court: The application is filed in the concerned court where the case is pending.

4. Court’s Consideration: The Magistrate reviews the application, hears arguments, and may call for additional documents.

5. Order of Exemption: If satisfied, the court grants exemption and allows the accused to be represented by their advocate.

Benefits of Permanent Court Exemption

• Time-saving: The accused is not burdened with frequent travel and wasted days in court corridors.

• Cost-effective: Reduces unnecessary expenses on travel, lodging, and repeated appearances.

• Stress relief: Saves the accused from mental harassment and inconvenience of repeated hearings.

• Focus on essentials: Allows the accused to carry on with professional, medical, or personal commitments while legal proceedings continue.

• Legal continuity: Ensures the case does not stall, since the lawyer can proceed with hearings even without the personal presence of the accused.

Important Points to Remember

• Exemption is not automatic; the court decides based on merit.

• The accused must still appear personally if directed by the court for specific stages such as evidence or examination.

• The exemption may be revoked if the accused misuses the liberty or disobeys court directions.

• False or misleading grounds may result in rejection of application.

Sample Cases Where Permanent Exemption is Useful

• A 65-year-old retired government employee suffering from diabetes and heart disease.

• An NRI businessman living in the USA involved in a cheque bounce case in India.

• A pregnant woman facing difficulty in attending frequent hearings.

• A doctor or soldier posted in a remote area where court attendance is practically impossible.

Why Choose Professional Legal Assistance?

While filing a Permanent Court Exemption application may seem simple, in reality it requires strong legal drafting, proper documentation, and convincing arguments. Courts scrutinize exemption requests carefully, and poorly drafted applications are often rejected.

A professional advocate ensures that:

• The grounds are presented convincingly.

• All necessary medical or supporting documents are attached.

• The legal arguments are backed by precedent and CrPC/BNSS provisions.

• The accused’s interests are safeguarded while complying with court orders.

Conclusion

Permanent Court Exemption under CrPC Section 205 / BNSS Section 223 is a practical and humane provision of law that saves the accused from unnecessary hardship without obstructing the judicial process. It balances the need for justice with the realities of life, ensuring that genuine difficulties of individuals are respected.

If you are facing regular summons and find it difficult to appear in court for every hearing, filing a Permanent Court Exemption Application may be the right step for you. With proper legal guidance and documentation, you can secure relief from repeated appearances while your case continues effectively through your advocate.