What provision has been made in CrPC for the disposal of petty offences?

Question: What provision has been made in CrPC for the disposal of petty offences?

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Answer

Section 206 of CrPC requires a Magistrate to issue a special summons in cases of petty offences so as to enable the accused, if he so desires, to send the pleading of guilty to the Magistrate and to remit the amount of fine mentioned in the summons without the necessity of personally appearing before the Magistrate. With a view to avoiding unnecessary inconvenience to persons accused of petty offences and also reducing to some extent congestion in Magistrates’ Courts, a special novel provision has been made by Section 206.

The provisions of Section 206 are meant to enable quick disposal of petty cases and to reduce congestion in the Court of Magistrates. Since the value of the money has gone down considerably, this clause seeks to amend sub-section (1) of that section to raise the limit of fine that can be specified in the summons from Rs 100 to Rs 1,000.

The procedure mentioned in this section permits the accused to plead guilty in absentia in case of petty offences. The petty offences are defined in sub-section (2). The procedure is compulsory; in cases where the Magistrate entertains a contrary opinion, he should record his reasons in writing. The accused can also plead guilty through his pleader.

The whole idea behind this section is to foster quick disposal of cases which are numerous in number but are petty in nature. In the case of Kamla Shankar v. the State of MP, 1988 Cr LJ 659 (MP), where the petitioner accused was charged with a petty offence of overloading the bus, the insistence on his personal appearance at the hearing was held to be wholly unwarranted.

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