Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 229: Special Summons in Cases of Petty Offence
(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under sections 283, 284 or section 285, 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 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.
Brief Detail
Section 229 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for issuing special summons in cases of petty offences. It allows a Magistrate to summarily dispose of such cases and provides options for the accused to either appear in person, appear through a pleader, or plead guilty in writing. The section defines petty offence and limits the maximum fine to five thousand rupees, while also allowing the State Government to empower specific Magistrates to exercise these powers for certain offences.
Question & Answers
Q1: What can a Magistrate do if he believes a petty offence can be summarily disposed of?
A1: The Magistrate may issue a summons requiring the accused to appear in person or by pleader, or to plead guilty in writing.
Q2: What is the maximum fine specified in a summons for a petty offence?
A2: The maximum fine specified in such summons shall not exceed five thousand rupees.
Q3: How can the accused plead guilty without appearing in person?
A3: The accused can transmit a written plea of guilty and the specified fine amount to the Magistrate by post or messenger.
Q4: What constitutes a petty offence under this section?
A4: A petty offence is defined as any offence punishable only with a fine not exceeding five thousand rupees, excluding certain offences under the Motor Vehicles Act, 1988.
Q5: Can the State Government empower Magistrates regarding special summons?
A5: Yes, the State Government may empower any Magistrate to exercise these powers for certain compoundable offences or those punishable with imprisonment for up to three months.
Example
- Pleading Guilty in Writing: An accused may receive a summons and choose to plead guilty by sending a written plea and fine amount to the Magistrate instead of appearing in court.
- Special Empowerment of Magistrates: The State Government may notify that certain Magistrates can handle additional petty offences, allowing for more efficient case resolution.
Summary
Section 229 of the Bharatiya Nagarik Suraksha Sanhita, 2023, facilitates the summary disposal of petty offences through special summons. It provides options for the accused to appear in person, use a pleader, or plead guilty in writing, while capping fines at five thousand rupees. Additionally, it allows for the State Government to empower specific Magistrates to handle certain offences, ensuring justice is served efficiently.
