Bharatiya Nagarik Suraksha Sanhita, 2023

Section 229 BNSS - Special Summons in Cases of Petty Offence

Section 229 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a simplified summons procedure for specified petty offences that may be disposed of summarily. It permits an accused, in appropriate cases, to appear personally or through an advocate, or to plead guilty without personal appearance in the manner stated in the summons.

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 229 BNSS

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, 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.

Meaning of Section 229 BNSS

Section 229 creates a simplified procedure for petty offences capable of summary disposal. Ordinarily, where its conditions are satisfied, the Magistrate issues a special summons giving the accused alternative methods of responding without necessarily requiring personal attendance in Court.

The Magistrate may depart from this procedure if there are reasons to do so, but those reasons must be recorded in writing.

Definition of Petty Offence Under Section 229

For this section, a "petty offence" means an offence punishable only with a fine not exceeding Rs. 5,000. The definition excludes an offence punishable under the Motor Vehicles Act, 1988 and an offence under another law that already provides for conviction of the accused in his absence on a plea of guilty.

Punishment threshold The offence must be punishable only with fine not exceeding Rs. 5,000.
Maximum fine in special summons The fine specified in a summons issued under Section 229(1) cannot exceed Rs. 5,000.
Motor Vehicles Act exclusion An offence punishable under the Motor Vehicles Act, 1988 is excluded from the Section 229 definition of petty offence.
Other statutory exclusion The definition also excludes an offence under another law that provides for conviction in the accused's absence on a plea of guilty.

Options Available to the Accused

A special summons under Section 229 may require or permit the accused, according to the statutory terms, to use one of the following routes:

  • Appear personally before the Magistrate on the specified date.
  • Appear through an advocate.
  • Plead guilty without personally appearing and send the written plea and specified fine by post or messenger before the stated date.
  • Authorise an advocate in writing to plead guilty on the accused's behalf and pay the fine through that advocate.

Summary Disposal Under Sections 283 and 284 BNSS

Section 229 applies where the Magistrate considers that the petty offence may be summarily disposed of under Sections 283 or 284 BNSS. Those provisions form part of the BNSS framework governing summary trials by specified Magistrates.

The reference to summary disposal is important because Section 229 is designed to simplify procedure in relatively minor matters rather than require the ordinary degree of personal attendance and process in every case.

State Government Power Under Section 229(3)

Sub-section (3) permits a State Government, by notification, to specially empower a Magistrate to use the special procedure in a wider category of cases described in that sub-section. This includes the statutory category stated as offences compoundable under Section 359 and offences punishable with imprisonment up to three months, or with fine, or with both, where the Magistrate considers that imposition of fine alone would meet the ends of justice.

Statutory cross-reference note: The enacted text of Section 229(3) expressly uses the words "compoundable under section 359". The current BNSS text separately carries the heading "Compounding of offences" under Section 360. This page reproduces Section 229(3) as enacted and does not silently substitute a different section number. For a live proceeding, the latest official text, applicable State notification and any subsequent amendment or authoritative interpretation should be checked.

Relationship With Sections 228 and 230 BNSS

Section 228 BNSS generally allows a Magistrate issuing summons to dispense with personal attendance and permit appearance through an advocate. Section 229 provides a more specific special-summons procedure for petty offences and certain additionally notified cases.

The following provision, Section 230 BNSS, deals with supply to the accused of the police report and other documents in the cases covered by that provision.

Corresponding Provision Under the CrPC

Section 229 BNSS broadly corresponds to Section 206 of the Code of Criminal Procedure, 1973. The BNSS provision continues the special-summons mechanism for petty offences while using updated terminology, including "advocate", and the monetary threshold in the current BNSS text is Rs. 5,000.

Key Points Under Section 229

  • Section 229 applies to qualifying petty offences that may be summarily disposed of.
  • The Magistrate ordinarily issues a special summons unless reasons for a contrary view are recorded in writing.
  • The accused may appear personally or through an advocate.
  • A written guilty plea and fine may be transmitted without personal appearance where the statutory procedure is followed.
  • The fine stated in the special summons cannot exceed Rs. 5,000.
  • The statutory definition of petty offence contains specific exclusions.
  • State Governments may specially empower Magistrates for the additional categories described in Section 229(3).
Practical note: State Government notifications may affect the additional use of Section 229(1) under sub-section (3). For an actual case, the applicable State notification, the offence provision, the date of proceedings and the latest official statutory text should be verified.