CrPC 206 — Special summons in cases of petty offence

Code of Criminal Procedure, 1973

Statutory text

(1) If,  in  the  opinion  of  a  Magistrate  taking
cognizance of a petty offence, the case may be summarily disposed of under section 260

[or section 261],
the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue
summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a
specified  date,  or  if  he  desires  to  plead  guilty  to  the  charge  without  appearing  before  the  Magistrate,  to
transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and
the amount of fine specified in the summons  or if he desires to appear by pleader and to plead guilty to
the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his
behalf and to pay the fine through such pleader:
Provided  that  the  amount  of  the  fine specified  in  such  summons  shall  not  exceed

[one thousand rupees].
(2) For the purposes of this section, “petty offence” means any offence punishable only with fine
not exceeding one thousand rupees, but does not include any offence so punishable under the Motor
Vehicles  Act,  1939  (4  of  1939)

,  or  under  any  other  law  which  provides  for  convicting  the  accused person in his absence on a plea of guilty.

[(3) The  State  Government  may,  by  notification,  specially  empower  any  Magistrate  to  exercise the  powers  conferred  by  sub-section (1) in  relation  to  any  offence  which  is  compoundable  under
section 320 or any offence punishable with imprisonment for a term not exceeding three months, or
with  fine,  or  with  both  where  the  Magistrate  is  of  opinion  that,  having  regard  to  the  facts  and circumstances of the case, the imposition of fine only would meet the ends of justice.]

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