Special summons in cases of petty offence.

1. (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. (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 Act 25 of 2005, s. 20, 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).