Legal provisions regarding special summons in cases of petty offence under section 206 of the Code of Criminal Procedure, 1973.
Section 206 of the Code of Criminal Procedure provides abridged procedure in the disposal of ‘petty offences’. As per Section 206(2) of the Code, ‘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.
However, as per Section 206(3) of the Code, the State Government may, by notification, specially empower any Magistrate to exercise powers under Section 206 of the Code in relation to any offence which is compoundable under Section 320 or any offence punishable with imprisonment up to 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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ADVERTISEMENTS:
(i) As per Section 206(1) of the Code of Criminal Procedure, the abridged procedure in cases of petty offence under Section 206, Section 261 of the Code applies only in such cases where the Magistrate is of the opinion that the case may be summarily disposed of under Section 260. The procedure also applies in cases of offence in respect of which a notification of the State Government has been issued, if 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.
(ii) The abridged procedure shall not be applicable in a case where the Magistrate, for reasons to be recorded in writing, decides not to dispose of the case summarily.
(iii) As indicated in Section 206(2) of the Code, the abridged procedure shall not apply in cases where the offence is 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.
ADVERTISEMENTS:
(iv) As per the proviso to sub-section (1) of Section 206 of the Code, the amount of fine to be specified in the special summons shall not be more than one thousand rupees.
(v) According to Section 206(1) of the Code, if the accused person chooses to plead guilty without appearing before the Magistrate, he is to transmit, within the specified time, they said plea in writing and the amount of fine mentioned in the special summons.
(vi) As per Section 206(1) of the Code, if the accused person chooses to appear by pleader and to plead guilty through such pleader, he can do so by giving such authority to the pleader in writing and by paying the fine as mentioned in the special summons through such pleader.