Sections 204, 205 and 206 CrPC: Issue of Process, Personal Attendance and Special Summons
Sections 204, 205 and 206 of the Code of Criminal Procedure, 1973 dealt with three connected stages in proceedings before a Magistrate: issue of process against an accused, dispensing with the accused's personal attendance, and special summons in petty-offence cases.
Section 204 CrPC - Issue of process
Meaning: Section 204 governed the stage at which a Magistrate who had taken cognizance considered that there was sufficient ground for proceeding and issued process requiring the accused to appear before the court.
Section 204(1): If the Magistrate taking cognizance considered that sufficient ground existed for proceeding, a summons was to be issued in a summons-case. In a warrant-case, the Magistrate could issue a warrant or, if considered appropriate, a summons for the accused to be brought or to appear at the specified time before the Magistrate or another Magistrate having jurisdiction.
Section 204(2): A summons or warrant under sub-section (1) could not be issued until the list of prosecution witnesses had been filed.
Section 204(3): Where proceedings were instituted on a written complaint, the summons or warrant issued under sub-section (1) had to be accompanied by a copy of the complaint.
Section 204(4): Where process fees or other fees were payable under applicable law, process could not issue until payment. If the fees were not paid within a reasonable time, the Magistrate could dismiss the complaint.
Section 204(5): The section did not affect Section 87 CrPC.
What does "issue of process" mean?
In this context, "process" means the summons or warrant issued by the criminal court to secure the appearance of the accused after the Magistrate has reached the statutory stage contemplated by Section 204. The section therefore followed the cognizance and complaint-stage provisions and marked the commencement of proceedings against the accused before the Magistrate.
Section 205 CrPC - Magistrate may dispense with personal attendance of accused
Meaning: Section 205 gave the Magistrate discretion, when issuing a summons, to dispense with the accused's personal attendance and permit appearance through a pleader.
Section 205(1): Whenever a Magistrate issued a summons, the Magistrate could, for reasons considered sufficient, dispense with the personal attendance of the accused and allow the accused to appear through a pleader.
Section 205(2): The Magistrate conducting the inquiry or trial retained discretion at any stage to direct the accused to attend personally and, where necessary, enforce that attendance in the manner provided by the Code.
Is exemption from personal appearance automatic?
No. Section 205 conferred discretion on the Magistrate. Permission to appear through a pleader did not permanently remove the court's power to require personal attendance. Sub-section (2) expressly preserved the power to direct personal appearance later in the proceedings.
Section 206 CrPC - Special summons in cases of petty offence
Meaning: Section 206 prescribed a simplified summons procedure for qualifying petty offences which, in the Magistrate's opinion, could be summarily disposed of under Sections 260 or 261 CrPC.
Section 206(1): Subject to the statutory conditions, the summons could require the accused to appear personally or through a pleader on the specified date. An accused wishing to plead guilty without appearing could transmit a written plea and the fine specified in the summons. The accused could also authorize a pleader in writing to plead guilty and pay the fine on the accused's behalf.
For the pre-BNSS CrPC provision reproduced on this page, the fine specified in such a summons could not exceed one thousand rupees.
Section 206(2): For this section, a "petty offence" meant an offence punishable only with fine not exceeding one thousand rupees, subject to the statutory exclusions relating to motor-vehicle legislation or another law providing for conviction in the accused's absence on a plea of guilty.
Section 206(3): The State Government could, by notification, specially empower a Magistrate to use the sub-section (1) procedure for a compoundable offence under Section 320 or an offence punishable with imprisonment not exceeding three months, or with fine, or with both, where the Magistrate considered that imposition of fine alone would meet the ends of justice.
Historical amendment notes: The reference to Section 261 and the increase of the monetary amount from one hundred rupees to one thousand rupees were introduced by Act 25 of 2005 with effect from 23 June 2006. Sub-section (3) was inserted by Act 45 of 1978 with effect from 18 December 1978. The earlier statutory reference to the Motor Vehicles Act, 1939 is now read in the historical context of the Motor Vehicles Act, 1988.
Difference between Sections 204, 205 and 206 CrPC
| Provision | Subject | Purpose |
|---|---|---|
| Section 204 | Issue of process | Provided for summons or warrant after the Magistrate found sufficient ground for proceeding. |
| Section 205 | Personal attendance | Allowed the Magistrate to dispense with personal attendance and permit appearance through a pleader, while retaining power to require attendance later. |
| Section 206 | Petty offences | Provided a special summons procedure, including specified methods for pleading guilty without personal appearance in qualifying cases. |