Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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 (59 of 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.
Why this exists
This provision aims to reduce the burden on both courts and citizens for very minor legal violations. Historically, forcing people to appear in person for trivial offences — like minor public nuisance or small regulatory breaches — clogged court dockets and wasted time and money for ordinary citizens. By allowing a postal guilty plea and fine payment, or representation through a lawyer, the law modernizes and speeds up justice for low-stakes cases while still preserving the Magistrate's discretion to insist on personal appearance when circumstances warrant it.
Common misconceptions
- Myth: This means you can just ignore a summons and send money whenever you like.
Fact: You still must respond by the date specified in the summons, either by appearing or sending your guilty plea and fine before that date. - Myth: This applies to all fines up to Rs 5,000, including traffic violations.
Fact: The law specifically excludes offences under the Motor Vehicles Act and similar laws with their own guilty-plea procedures.