Code
(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260 1[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 2 [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)3 , or under any other law which provides for convicting the accused person in his absence on a plea of guilty.
4[(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.]
Explanation
This section allows Magistrates to summon accused persons in petty offenses without requiring their physical presence at the time of issuing the summons. This means that the accused can be summoned through a written notice, instead of being arrested or brought before the Magistrate immediately. This process is designed to expedite the proceedings and reduce the burden on the courts.
Illustration
Imagine a situation where a person is accused of a petty offense like driving without a license. Under this section, the Magistrate can issue a special summons to the accused, directing them to appear before the court on a specified date. The accused does not have to physically appear before the Magistrate at the time of issuing the summons. This way, the Magistrate can save time and resources, and the accused can be informed of the charges against them in a more convenient manner.
Common Questions and Answers
What constitutes a ‘petty offence’?
The term ‘petty offence’ is not explicitly defined in the CrPC. However, it generally refers to offenses that are considered minor and carry a relatively light punishment, such as traffic violations, minor theft, or causing nuisance.
What are the advantages of using a special summons?
- Reduces the need for physical appearances, saving time and resources for both the accused and the court.
- Minimizes inconvenience for the accused, especially for minor offenses.
- Facilitates faster disposal of cases.
Can the Magistrate refuse to issue a special summons?
Yes. The Magistrate has the discretion to issue a special summons or to require the accused to appear personally before him, depending on the circumstances of the case and the nature of the offense.
What happens if the accused fails to appear before the court after receiving the special summons?
If the accused fails to appear on the specified date without a valid reason, the Magistrate may issue a warrant for their arrest.
