Issue of process, Magistrate may dispense with personal attendance of accused and Special summons in cases of petty offence are defined under Section 204, 205 and 206 of CRPC 1973. Provisions under these sections are:
Section 204 of CRPC "Issue of process"
(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be-
(a) a summons-case, he shall issue his summons for the attendance of the accused, or
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.
(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.
(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.
(4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.
(5) Nothing in this section shall be deemed to affect the provisions of section 87.
Section 205 of CRPC " Magistrate may dispense with personal attendance of accused"
(1) Whenever a Magistrate issues a summons, he
may, if he sees reason so to do, dispense with the
personal attendance of the accused and permit him to
appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.
Section 206 of CRPC "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 260 1[or
section 261], 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 2 [one thousand rupees].
(2) For the purposes of this section, "petty offence" means any offence punishable only with fine not exceeding one thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1939 (4 of 1939)3 , or under any other law which provides for convicting the accused person in his absence on a plea of guilty.
4[(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 320 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.]
1. Ins. by Act 25 of 2005, s. 20 (w.e.f. 23-6-2006).
2. Subs. by s. 20, ibid., for "one hundred rupees" (w.e.f. 23-6-2006).
3. Now the Motor Vehicles Act, 1988 (59 of 1988).
4. Ins. by Act 45 of 1978, s. 18 (w.e.f. 18-12-1978).
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDING
What is Cognizance of offences by Courts of Session? What is the meaning of Additional and Assistant Sessions Judges to try cases made over to them? What is Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence? Section 193, 194 and 195 of Code of Criminal Procedure 1973
COMPLAINTS TO MAGISTRATES
What is Examination of complainant? What is Procedure by Magistrate not competent to take cognizance of the case? What is Postponement of issue of process? What is Dismissal of complaint? Section 200, 201, 202, 203 of Code of Criminal Procedure 1973
Supply to the accused of copy of police report and other documents & Supply of copies of statements and documents to accused in other cases triable by Court of Session. Section 207 and 208 of Code of Criminal Procedure 1973
What is Commitment of case to Court of Session when offence is triable exclusively by it? What is Procedure to be followed when there is a complaint case and police investigation in respect of the same offence?. Section 209 and 210 of Code of Criminal Procedure 1973