Code of Criminal Procedure, 1973 · Chapter XVI: Commencement of Proceedings Before Magistrates
Section 206: Special summons in cases of petty offence
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
For a petty offence that can be tried summarily, the Magistrate ordinarily issues a special summons allowing the accused to appear, or to plead guilty in writing by post or messenger, or through a pleader, and pay the fine stated in the summons, which cannot exceed one thousand rupees.
- A "petty offence" is one punishable only with a fine up to one thousand rupees, excluding Motor Vehicles Act offences and laws allowing conviction in absence on a guilty plea.
- The State Government can empower Magistrates to use this for compoundable offences or offences punishable with up to three months, or fine, or both, where a fine alone would meet the ends of justice.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260 [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 [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. [(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.]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 206
No Supreme Court judgment in our database cites this section yet.