Section 206 CrPC: Special summons in cases of petty offence

What Section 206 CrPC Says

206. Special summons in cases of petty offence

(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.

Source: Section 206, Code of Criminal Procedure, 1973

Section 206 CrPC in Simple Words

When Section 206 CrPC Applies

• If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under Section 260 CrPC or Section 261 CrPC, the Magistrate shall, except where the Magistrate is of a contrary opinion for reasons to be recorded in writing, issue summons to the accused.
• The summons requires the accused either to appear in person or by pleader before the Magistrate on a specified date.
• If the accused desires to plead guilty to the charge without appearing before the Magistrate, the summons requires the accused 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.
• If the accused desires to appear by pleader and to plead guilty to the charge through such pleader, the summons requires the accused to authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader.
• For the purposes of Section 206 CrPC, 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, or under any other law which provides for convicting the accused person in his absence on a plea of guilty.
• The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by Section 206(1) CrPC in relation to any offence which is compoundable under Section 320 CrPC or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both.

Time Limits Under Section 206 CrPC

• An accused who desires to plead guilty without appearing before the Magistrate transmits the plea in writing and the amount of fine specified in the summons before the specified date.Act text: “to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine”

Example of Section 206 CrPC

When Section 206 CrPC Does Not Apply

• Section 206(2) CrPC speaks of an offence punishable only with fine not exceeding one thousand rupees. It does not deal with an offence punishable under the Motor Vehicles Act, 1939, even where that offence is punishable only with such a fine.
• Section 206(2) CrPC speaks of a petty offence. It does not deal with an offence punishable under any other law which provides for convicting the accused person in his absence on a plea of guilty.
• Section 206(1) CrPC speaks of a petty offence. It does not deal with an offence punishable with imprisonment for a term not exceeding three months, which Section 206(3) CrPC covers where the State Government has specially empowered the Magistrate by notification.

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