Section 229 of BNSS : Section 229: Special summons in cases of petty offence.

Explanation using Example

Example 1:

Rajesh, a shopkeeper in Mumbai, is accused of creating a public nuisance by playing loud music in his shop late at night, disturbing the neighborhood. The local police file a complaint, and the case is brought before a Magistrate. The Magistrate considers this a petty offence as it is punishable only with a fine not exceeding five thousand rupees. The Magistrate decides that the case can be summarily disposed of and issues a special summons to Rajesh.

Rajesh receives the summons, which gives him three options:

1. Appear in person before the Magistrate on the specified date.
2. Plead guilty by sending a written plea and the fine amount of Rs. 2,000 by post or messenger before the specified date.
3. Authorize his advocate to appear on his behalf, plead guilty, and pay the fine.

Rajesh chooses the second option and sends his written plea of guilty along with the fine amount by post. The Magistrate accepts the plea and the fine, and the case is closed without Rajesh having to appear in court.

Example 2:

Sunita, a resident of Delhi, is caught littering in a public park. The local municipal authorities issue a fine and file a complaint for the petty offence. The case is taken up by a Magistrate who believes it can be summarily disposed of. The Magistrate issues a special summons to Sunita.

Sunita receives the summons, which specifies:

1. She can appear in person before the Magistrate on the given date.
2. She can plead guilty by sending a written plea and the fine amount of Rs. 500 by post or messenger before the specified date.
3. She can authorize her advocate to appear on her behalf, plead guilty, and pay the fine.

Sunita decides to authorize her advocate to handle the matter. She provides a written authorization to her advocate, who then appears before the Magistrate, pleads guilty on her behalf, and pays the fine. The case is resolved without Sunita needing to appear in court.

Example 3:

Vikram, a small business owner in Bangalore, is fined for not displaying the mandatory business license in his shop. The fine is Rs. 1,000, and the case is brought before a Magistrate. The Magistrate deems it a petty offence and decides it can be summarily disposed of. A special summons is issued to Vikram.

The summons outlines Vikram's options:

1. Appear in person before the Magistrate on the specified date.
2. Plead guilty by sending a written plea and the fine amount of Rs. 1,000 by post or messenger before the specified date.
3. Authorize his advocate to appear on his behalf, plead guilty, and pay the fine.

Vikram opts to appear in person before the Magistrate. On the specified date, he appears in court, pleads guilty, and pays the fine. The case is concluded swiftly.

Example 4:

Anita, a college student in Chennai, is caught smoking in a no-smoking zone on campus. The campus security files a complaint, and the case is taken up by a Magistrate. The Magistrate considers it a petty offence, punishable only with a fine not exceeding five thousand rupees, and decides to issue a special summons to Anita.

The summons provides Anita with three choices:

1. Appear in person before the Magistrate on the specified date.
2. Plead guilty by sending a written plea and the fine amount of Rs. 300 by post or messenger before the specified date.
3. Authorize her advocate to appear on her behalf, plead guilty, and pay the fine.

Anita chooses to plead guilty by sending a written plea and the fine amount by post. The Magistrate receives her plea and the fine, and the case is closed without Anita having to appear in court.