Special summons in cases of petty offence
Section 206 of the Code of Criminal Procedure, 1973 deals with special summons in cases of petty offence. If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260, 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 pers The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) If, in the
opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260, 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 hundred 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 (4of 1939), 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.]
Section 206, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 229 Special summons in cases of petty offence Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Annappa Devappa Kamate vs The General Manager
Court's Decision & Legal Precedent
When an accused has been released on bail after appearing in court and subsequently fails to appear, resulting in automatic forfeiture of the bail bond, the accused cannot file an application to recall a non-bailable warrant through counsel without personal appearance. Personal appearance of the accused is mandatory for such applications, as the accused is no longer on court bail. The right to represent through counsel at all stages of criminal proceedings is limited to cases where summons is issued under Section 206 CrPC, not in cases involving non-bailable warrants after bail forfeiture.
On this section: Court distinguished between summons issued under Section 206 CrPC (which permits representation through counsel at all stages) and non-bailable warrants (which require personal appearance of the accused, especially after bail forfeiture).
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Hyundai Motor India Limited vs Ajay Kumar Agarwal
Court's Decision & Legal Precedent
When a corporation is an accused person in proceedings under the Consumer Protection Act, 1986, and it appoints an authorized representative as permitted under Section 305 CrPC, the District Consumer Forum cannot insist on the personal appearance of the Managing Director or any other specific officer. The statutory requirement that the accused shall be examined is satisfied by the examination of the authorized representative. The District Forum is bound by the procedure laid down in the Code of Criminal Procedure, 1973, and cannot impose additional requirements beyond what the statute permits.
On this section: Cited by the District Forum but found to be inapplicable. Similar to Section 205, this section does not override the statutory procedure under Section 305 CrPC.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 206
What have the courts held on Section 206 of the Code of Criminal Procedure?
Annappa Devappa Kamate vs The General Manager (10 Jun 2009) is the leading judgment on this section among those set out below: Court distinguished between summons issued under Section 206 CrPC (which permits representation through counsel at all stages) and non-bailable warrants (which require personal appearance of the accused, especially after bail forfeiture). Another 1 judgment on this section is set out below. They run from 2009 to 2017.
How do I find court cases under Section 206 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 206, section 206 CRPC, section 206 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Annappa Devappa Kamate vs The General Manager (10 Jun 2009).
What should I read with Section 206 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 260 (Power to try summarily), section 320 (Compounding of offences), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 229 (Special summons in cases of petty offence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 206 of the Code of Criminal Procedure come into force?
Section 206 of the Code of Criminal Procedure, cited as CRPC 206, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.