Question

Special Summons under Section.206 of the Criminal Procedure Code can be issued by

• A. A Magistrate only
• B. A Magistrate as well as the Court of Sessions
• C. The Court of Sessions
• D. The High Court

Hint:

In CrPC, always pay attention to which court or authority is empowered to perform a specific function. Powers are distinctly allocated among Magistrates, Courts of Session, and High Courts. Section 206 is a specific power of the Magistrate for petty offences.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question is about the power to issue a "special summons" under Section 206 of the Code of Criminal Procedure, 1973 (CrPC). This provision is designed to expedite the trial of petty offences.
Step 2: Key Formula or Approach:
Section 206(1) of CrPC: "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..."
This procedure allows the accused to plead guilty by post and pay a specified fine without appearing in court.
Step 3: Detailed Explanation:
The text of Section 206 explicitly and exclusively mentions the "Magistrate". The power is vested in the Magistrate who takes cognizance of a petty offence. The provision does not grant this power to the Court of Sessions or the High Court. The procedure is specifically for summary trials of petty offences, which are handled at the Magisterial level.
Step 4: Final Answer:
Special Summons under Section 206 of the CrPC can be issued by A Magistrate only.