CrPC Section 206: Special Summons for Petty Offences
This section of the Code of Criminal Procedure (CrPC) provides for a simplified procedure for summoning accused persons in cases involving petty offenses.
1. The Code
Section 206: Special summons for petty offences.
Where, in any case triable by a Magistrate, the Magistrate is satisfied that the accused can be properly summoned by a special summons, he may issue such summons, and may direct the person to whom it is addressed to appear before him on a specified date, without requiring his personal appearance before such Magistrate at the time of issuing the summons.
2. 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.
3. 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.
4. 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.
