Code of Criminal Procedure Act, 1973
206.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 260, 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 authorize, 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 one hundred rupees.
(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) or under any other law which provides for convicting the accused person
in his absence on a plea of guilty.