Exemption from personal appearance

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

Next date of hearing: [DATE]

APPLICATION ON BEHALF OF THE [ACCUSED / PARTY] FOR EXEMPTION FROM PERSONAL APPEARANCE FOR [TODAY / THE DATE __] [UNDER SECTION 228 / 355 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (SECTION 205 / 317 CrPC)] [or, in a civil matter, UNDER ORDER III RULE 1 READ WITH SECTION 151 CPC]

Respectfully showeth:

1. That the above-noted case is fixed for [today / DATE] for [STAGE OF THE CASE].
2. That the applicant is unable to appear in person on the said date because [REASON — e.g. illness, as per the medical certificate annexed as Annexure A-1 / unavoidable travel / other].
3. That the absence of the applicant is neither intentional nor deliberate. The applicant is being represented by counsel, who is present.
4. [In a criminal matter: That the applicant undertakes not to dispute identity, and has no objection to proceedings, including recording of evidence, taking place in the presence of counsel.]
5. That the applicant undertakes to appear in person on the next date of hearing or whenever directed by this Hon'ble Court.
6. That exemption is sought [for the hearing on date only / as a continuing dispensation], under the provision appropriate to that scope, namely [Section 355 or 228 BNSS / saved Section 317 or 205 CrPC].
7. That inability to attend arises from [specific reason and dates], supported by [medical / travel / other evidence]. The case is fixed for [stage]; any stage at which identity or personal attendance is material is disclosed.
8. That counsel [name] is authorised and will attend. The applicant undertakes not to dispute identity solely because of the dispensation and to attend whenever ordered; the proposed arrangement will not prejudice examination or progress.
9. That prior exemptions, attendance defaults, warrants and bail conditions are [complete particulars]. A pending or existing warrant is addressed by appropriate separate relief rather than presumed cancelled by this application.

PRAYER

It is, therefore, respectfully prayed that the applicant may kindly be exempted from personal appearance for [today / DATE], in the interest of justice.

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IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That the deponent is competent to swear this affidavit and the accompanying [suit / petition / application] has been drafted by counsel on the deponent’s instructions. Its contents have been read over and explained in [LANGUAGE], understood by the deponent, and are incorporated as part and parcel of this affidavit; the factual statements are true to the deponent’s knowledge or identified records, and legal submissions are based on advice believed to be true.
2. That [no same or similar suit / petition / application on the same cause of action has been filed / the following prior or pending proceedings, outcomes and orders are fully disclosed: ___]. Nothing material has been concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Note: To be sworn before an Oath Commissioner / Notary Public and stamped as required by the applicable rules.

Preparation and judgment application — not part of the filing draft

Updated 11 October 2026. Complete every material fact, retain only supported alternatives, and renumber before filing. These notes support professional adaptation; they do not supply missing evidence or guarantee relief.

Filing and relief checks. Specify one date or continuing exemption, and the exact stage. Exemption remains discretionary. Do not mix it with anticipatory bail or automatic warrant recall.

Before relying on any authority, compare the material facts, procedural stage, statutory version and precise relief; check subsequent treatment and applicable local practice. Keep the authority note separate from the signed pleading. For criminal procedure, determine Section 531 BNSS savings rather than select the code solely from the alleged offence date.