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Bharatiya Nagarik Suraksha Sanhita

Section 229

Special summons in cases of petty offence

Quick Answer Reference: Section 229 BNSS

  • Provision: Section 229 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
  • Jurisdiction: India
  • Summary: This section allows a Magistrate to issue a special summons for petty offences that can be summarily disposed of. The accused can choose to plead guilty without appearing in court or appear through an advocate. The fine should not exceed Rs. 5,000.
Statutory Content

What does Section 229 of BNSS say?

(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.

Indian StandardSection 229, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 229 (India)
Court Pleading StandardSection 229 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/229

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose

What does Section 229 of BNSS mean?

Plain English Explanation

This section allows a Magistrate to issue a special summons for petty offences that can be summarily disposed of. The accused can choose to plead guilty without appearing in court or appear through an advocate. The fine should not exceed Rs. 5,000.

Practical Interpretation

In practice, this section enables Magistrates to streamline petty offence cases by issuing special summons. The accused can opt for a convenient plea-bargaining process, saving time and resources for both parties.

Core Legal Purpose

The core purpose of this section is to provide a streamlined process for petty offence cases, allowing for efficient disposal of cases while ensuring the accused's rights are protected.

Key Legal Elements
  • The offence must be a petty offence as defined in sub-section (2).
  • The Magistrate must be of the opinion that the case can be summarily disposed of under section 283 or section 284.
  • The fine specified in the summons should not exceed Rs. 5,000.
  • The offence should not be compoundable under section 359 or punishable with imprisonment for a term exceeding three months.
Practical Example

Practical Example of Section 229 BNSS

Rajesh, a resident of Delhi, is accused of a petty offence under the BNSS. The Magistrate issues a special summons under Section 229, allowing Rajesh to plead guilty without appearing in court. Rajesh chooses to plead guilty and pays the fine of Rs. 3,000 through his advocate. The case is summarily disposed of, and Rajesh avoids the hassle of appearing in court.

Common Questions (FAQ)

Frequently Asked Questions about Section 229 BNSS

Q: What is the punishment or consequence under Section 229 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. The consequence is the imposition of a fine, which should not exceed Rs. 5,000.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it deals with petty offences under the BNSS.

Q: Is an offence under this section bailable or cognizable?

This section does not classify the offence as bailable or cognizable. However, as it deals with petty offences, it is likely to be bailable.

People Also Ask (PAA)

Common Questions about Section 229 BNSS

What is Section 229 of BNSS?

Section 229 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Special summons in cases of petty offence". In plain terms: This section allows a Magistrate to issue a special summons for petty offences that can be summarily disposed of. The accused can choose to plead guilty without appearing in court or appear through an advocate. The fine should not exceed Rs. 5,000.

What is the punishment under Section 229 of BNSS?

Section 229 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 229 of BNSS bailable or non-bailable?

Whether Section 229 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 229 of BNSS?

The essential elements of Section 229 of BNSS are: The offence must be a petty offence as defined in sub-section (2).; The Magistrate must be of the opinion that the case can be summarily disposed of under section 283 or section 284.; The fine specified in the summons should not exceed Rs. 5,000..