Section 206 CrPC and Section 229 BNSS: Special Summons in Cases of Petty Offences
Special summons allow specified minor criminal cases to be dealt with efficiently, including an option to plead guilty in writing without attending court, subject to statutory conditions.
Meaning and purpose of a special summons
A petty offence, for Section 229 BNSS, is an offence punishable only with a fine not exceeding Rs 5,000, subject to the statutory exclusions. A special summons is a court summons that offers the accused a choice of appearing before the Magistrate or, if the accused wishes to plead guilty, submitting a written plea and the specified fine without personally attending.
The procedure is intended for offences capable of summary disposal under Sections 283 or 284 BNSS. Summary trial is a simplified mode of trial for eligible cases; it does not remove the accused person's right to contest the allegation.
Section 229 BNSS: Explanation of each subsection
Subsection (1): Issue of special summons and available options
Where the Magistrate considers that a petty offence can be summarily disposed of, a special summons is ordinarily issued unless the Magistrate records reasons in writing for taking a different view. The summons may allow the accused to appear personally or through an advocate on the specified date.
Alternatively, an accused who chooses to plead guilty may send the written plea and the fine stated in the summons to the Magistrate by post or messenger before the specified date. The accused may also authorise an advocate in writing to plead guilty and pay the fine on the accused's behalf. The fine specified in such a summons cannot exceed Rs 5,000.
Subsection (2): Definition and exclusions
For this section, a petty offence is punishable only with a fine of not more than Rs 5,000. It excludes offences punishable under the Motor Vehicles Act, 1988, and offences under another law that separately permits conviction in the accused's absence on a plea of guilty.
Subsection (3): Special empowerment by State Government
The State Government may, by notification, specially empower a Magistrate to use this procedure for offences compoundable under Section 359 BNSS, or offences punishable by imprisonment up to three months, or fine, or both, where the Magistrate considers a fine alone sufficient in the circumstances. This extension is not automatic: the relevant empowerment and judicial assessment are necessary.
Section 206 CrPC: Earlier statutory provision
Under Section 206 CrPC, a Magistrate dealing with a petty offence eligible for summary disposal under Sections 260 or 261 could issue a special summons offering attendance personally or by pleader, or a written guilty plea with payment of the specified fine. The Magistrate could depart from the special-summons route by recording reasons in writing.
Under the amended CrPC provision, the maximum fine specified in a special summons was Rs 1,000, and a petty offence generally meant an offence punishable only with a fine not exceeding Rs 1,000, excluding the relevant motor vehicle and other specially governed offences. Section 206(3) also allowed notified Magistrates to apply the mechanism to certain compoundable or short-term-imprisonment offences when a fine alone would serve justice.
The CrPC text originally referred to the Motor Vehicles Act, 1939; that legislation was replaced by the Motor Vehicles Act, 1988. The BNSS expressly refers to the 1988 Act.
Important differences between CrPC and BNSS
| Subject | Section 206 CrPC | Section 229 BNSS |
|---|---|---|
| General petty-offence fine threshold | Up to Rs 1,000 | Up to Rs 5,000 |
| Maximum fine specified in special summons | Rs 1,000 | Rs 5,000 |
| Summary-trial references | Sections 260 and 261 | Sections 283 and 284 |
| Compounding reference | Section 320 | Section 359 |
| Legal representative | Pleader | Advocate |
What should an accused do after receiving a special summons?
- Read the alleged offence, hearing date, fine amount and directions stated in the summons.
- Check whether the offence is eligible for the special-summons procedure and whether the accused wishes to contest it.
- If contesting, attend personally or through an advocate as permitted by the summons and the court.
- If voluntarily pleading guilty, follow the statutory written-plea procedure or give written authorisation to an advocate, as applicable.
- Retain copies and proof of delivery or payment; do not assume that merely sending a fine resolves a disputed case.
Important: A guilty plea can result in a conviction and legal consequences. The option is voluntary, not a requirement to admit the allegation. A summons should never be ignored.
Related legal provisions
Section 283 BNSS: Power to try specified cases summarily. Section 284 BNSS: Summary trial by a Magistrate of the second class when duly empowered. Section 359 BNSS: Compounding of offences, where legally permitted. Section 531 BNSS: Repeal and savings, relevant to proceedings pending at commencement.
Official statutory sources
Consult the India Code official legislation portal for the enacted statutes, and the Bureau of Police Research and Development BNSS reference PDF for the provisions and correspondence with CrPC. For the older enactment, refer to the Code of Criminal Procedure, 1973 on India Code.
Frequently asked questions
Can an accused plead guilty without attending court?
Yes, where the statutory special-summons procedure applies and the accused voluntarily elects to plead guilty, a written plea with the specified fine may be sent as directed, or an advocate may be authorised in writing.
Is every offence punishable with a fine a petty offence?
No. Section 229(2) BNSS imposes a Rs 5,000 fine-only threshold and specific exclusions. Section 229(3) permits limited additional categories only where a Magistrate is specially empowered.
Does Section 206 CrPC still apply?
The CrPC has been repealed and replaced by BNSS from 1 July 2024, subject to savings and transitional provisions, particularly Section 531 BNSS. The procedural law applicable to a particular pending case requires checking those provisions and the case history.
This article provides general legal information. Court orders, notifications and the facts of a particular case may affect the applicable procedure.