Legal Provisions of Section 206 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Special summons in cases of petty offence:
The section provides for issuance of special summons in cases of petty offences where the Magistrate is of the opinion that the case may be summarily disposed of under Section 260. Even when these two conditions are satisfied but if the Magistrate is not in favour of issuing a special summons under this section, he can do so giving reasons to be recorded in writing.
ADVERTISEMENTS:
The special summons procedure will not apply in a case where the offence is punishable under the Motor Vehicles Act, 1988.
Where the accused chooses to plead guilty without appearing before the Magistrate, he should transmit within the specified time, the said plea in writing and the amount of fine mentioned in the summons. The accused may also choose to appear by pleader and plead guilty through such pleader. The amount of fine to be specified in the special summons issued under this section shall not exceeds Rs. 100/-.
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Where the accused pleads guilty without appearing before a Magistrate and transmits such plea by post or by messenger before the specified date along with the amount of fine specified in the special summons, the Magistrate may convict him in his absence and adjust the amount paid by the accused as fine.
ADVERTISEMENTS:
The purpose of introducing the provision for pleading guilty in absentia in cases of petty offences is to foster quick disposal of petty cases. Thus where the accused was charged of petty offence of overloading in the bus, insistence on his personal appearance at the hearing was held to be wholly unwarranted, as he could have been extended the benefit of the provisions contained in Section 206 of the Code.