Criminal and bail

Exemption petition format under Section 355 BNSS (Section 317 CrPC)

How to draft a petition to dispense with the personal attendance of an accused under Section 355 of the BNSS, 2023, the provision that replaced Section 317 CrPC: grounds, supporting affidavit, undertaking and common mistakes.

An exemption petition asks the court to dispense with the personal attendance of the accused on a hearing date and proceed in their absence through their advocate. Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 317 of the CrPC, 1973, lets a Judge or Magistrate do so where, for reasons recorded, personal attendance is not necessary in the interests of justice. The petition states the case number and stage, the reason the accused cannot attend (illness, distance, employment, age), an undertaking that identity will not be disputed and that the accused is represented, and is supported by an affidavit or medical certificate where relevant.

Governed by
  • Section 355, Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing Section 317 CrPC)
  • Section 228, Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing Section 205 CrPC), for dispensing with attendance in summons cases
Where it is filed
The Magistrate or Sessions Court before which the case is pending, filed on or before the date on which the accused is to appear.
Who files it
The accused, through the advocate on record, on each date or by a standing petition for exemption for the duration of the trial.
Languages PleadEasy drafts this in
English, Hindi, Tamil, Malayalam

What a exemption petition must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    The court, the case number (C.C., S.C. or Crl.M.P.), and the parties as ranked in the main case.

  2. 2.Stage of the case

    What the case is posted for on the date, since attendance is essential at some stages, such as the examination of the accused and identification by witnesses.

  3. 3.Reason for absence

    The specific, dated reason the accused cannot appear: illness with a medical certificate, distance and cost of travel, employment, age, or another genuine cause.

  4. 4.Representation and undertaking

    That the accused is represented by counsel, will not dispute identity, and will appear whenever the court directs.

  5. 5.Supporting affidavit

    The affidavit of the accused or counsel verifying the reason, with any certificate annexed.

  6. 6.Prayer

    To dispense with the personal attendance of the accused for the date, or for the remaining hearings, and to proceed in the presence of counsel.

Mistakes that get this document returned

  • A one-line reason such as 'the accused is unwell' with no certificate, which courts routinely reject.
  • Seeking exemption on a date fixed for questioning under Section 351 BNSS (313 CrPC) or for identification, when attendance is required.
  • Omitting the undertaking not to dispute identity, which is the main safeguard the court looks for.
  • Filing repeated date-wise petitions when a standing exemption for the trial would be more appropriate.

Frequently asked questions

What is a 317 petition?

It is the name practitioners use for a petition to dispense with the personal attendance of the accused, after Section 317 of the CrPC, 1973. The same power is now in Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Can the court refuse an exemption petition?

Yes. Exemption is discretionary. The court may refuse it, grant it for one date, or grant it for the trial and later direct the accused to attend at any stage.

What happens if the accused is absent without an exemption petition?

The court may issue a warrant to secure attendance and may call upon the sureties. Filing the petition before the hearing avoids this.

Draft a exemption petition from your client conversation

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Filing a exemption petition in a district court

The court establishments in each district, so the cause title names the right court.

Tamil Nadu district courts

Kerala district courts

Related formats

Last reviewed 26 September 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.