Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 229

Special summons in cases of petty offence

In one line

BNSS Section 229 deals with special summons in cases of petty offence and replaces CrPC 206.

Bare act text — BNSS 229

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 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 (59 of 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.

What changed from the CrPC

  • CrPC 206 → BNSS 229: "pleader" is replaced by "advocate." The threshold amount of fine for the purpose of the definition of "petty offence" is increased by this section from one thousand rupees to five thousand rupees.
  • CrPC 206 → BNSS 229: The monetary limit of the fine specified in summons is increased from one thousand rupees to five thousand rupees.
  • CrPC 206 → BNSS 229: "the Motor Vehicles Act, 1939 (59 of 1939)" is replaced by "the Motor Vehicles Act, 1988 (59 of 1988).".

Frequently asked

What was BNSS Section 229 in the CrPC?

BNSS Section 229 (Special summons in cases of petty offence) replaces Section 206 of the Code of Criminal Procedure, 1973. CrPC 206 is now BNSS 229.

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