Section 229 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 229 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 pertains to the issuance of special summons in cases involving petty offenses
📜 Text of Section 229
229. Special summons in cases of petty offence
Issuance of Summons: If a Magistrate, upon taking cognizance of a petty offense, believes that the case may be summarily disposed of under sections 283 or 284, the Magistrate shall issue a summons to the accused. The summons shall require the accused to:
Appear in person or through an advocate before the Magistrate on a specified date; or
If the accused desires to plead guilty without appearing, transmit the plea in writing along with the specified fine amount to the Magistrate before the specified date; or
If the accused desires to plead guilty through an advocate, authorize the advocate in writing to plead guilty and pay the fine on their behalf.
Definition of "Petty Offence": For the purposes of this section, a "petty offence" is defined as any offense punishable only with a fine not exceeding five thousand rupees. However, this does not include offenses punishable under the Motor Vehicles Act, 1988, or any other law that allows for convicting the accused in their absence upon a plea of guilty.(
Empowerment of Magistrates: The State Government may, through a notification, empower any Magistrate to exercise the powers conferred by this section in relation to offenses that are:
Compoundable under section 359; or
Punishable with imprisonment for a term not exceeding three months, or with fine, or with both, where the Magistrate believes that imposing a fine would meet the ends of justice.
⚖️ Legal Context
Section 229 introduces a mechanism for the efficient disposal of petty offenses by allowing for the option of pleading guilty without personal appearance. This provision aims to reduce the burden on courts and provide a streamlined process for minor infractions.
🧭 Practical Implications
Convenience for Accused: Accused individuals can choose to plead guilty and pay the fine without the need to appear in court, saving time and resources.
Efficiency in Legal Proceedings: By enabling the summary disposal of petty offenses, the legal system can focus its resources on more serious cases.
Limitations: The option to plead guilty without appearance is limited to offenses punishable with a fine not exceeding five thousand rupees and does not apply to certain specified offenses.
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