Section 229 BNSS: Special summons in cases of petty offence (Formerly Section 206 CrPC)

Section 229 of Bharatiya Nagarik Suraksha Sanhita, 2023: Special summons in cases of petty offence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 283 or section 284, 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 an advocate 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 an advocate and to plead guilty to the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on his behalf and to pay the fine through such advocate:

Provided that the amount of the fine specified in such summons shall not exceed five thousand rupees.

(2) For the purposes of this section, "petty offence" means any offence punishable only with fine not exceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1988, 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 359 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 229

Section 229 provides the special summons procedure in cases of petty offences, allowing the accused to plead guilty by post or electronic means and transmit a specified fine without appearing in court (replacing Section 206 CrPC).

Petty Offence Definition: Any offence punishable only with fine not exceeding five thousand rupees, excluding offences punishable with imprisonment.
Special Summons Option: Summons states that the accused may plead guilty in writing or electronically and transmit the specified fine (not exceeding Rs. 5,000).
Pleader Representation: Accused may also appear and plead guilty through an authorized pleader.

Key Landmark Precedents:

State of M.P. v. Shambhu Nath Singh (2001) 4 SCC 667: Noted that petty offence summary procedures under Section 206 CrPC (Section 229 BNSS) decongest judicial dockets by enabling postal and electronic compounding.
Pawan Kumar v. State of Haryana (1996) 4 SCC 17: Affirmed that pleading guilty to petty fine offences does not entail disqualification for public employment.

Courtroom Practice & Strategic Litigation Guidance:

In minor traffic, municipal, or regulatory infractions, advise clients to utilize Section 229 to pay the endorsed fine online or via speed post, avoiding physical court appearances and legal fees.