Sections 206–209 CrPC vs Sections 229–232 BNSS — Special Summons in Petty Offences and Commitment to the Court of Session

In India, Sections 229 to 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Sections 206 to 209 of the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. The petty-offence limit rises from ₹1,000 to ₹5,000, and committal to the Court of Session must now be completed within ninety days of cognizance, extendable for recorded reasons.

These four sections sit near the end of the chapter on commencement of proceedings before Magistrates (Chapter XVI of the CrPC, Chapter XVII of the BNSS). Section 229 lets a Magistrate dispose of a fine-only offence without the accused attending. Section 232 moves a Sessions-triable case from the Magistrate to the Court of Session. The two sections between them — supply of copies to the accused — are covered here only in outline; Section 230 BNSS has its own page.

At a glance

These are procedural sections: they create no offence, so neither First Schedule classifies them. Whether an offence is "triable exclusively by the Court of Session" — the trigger for Section 232 — is read from column 6 of the First Schedule to the BNSS for the offence charged.

What changed

Section 206 CrPC → Section 229 BNSS

• Modified — fine ceiling in the special summons: proviso "shall not exceed one thousand rupees" → "shall not exceed five thousand rupees". (The CrPC figure was itself substituted for "one hundred rupees" by Act 25 of 2005, w.e.f. 23 June 2006.)
• Modified — definition in sub-section (2): "any offence punishable only with fine not exceeding one thousand rupees" → "not exceeding five thousand rupees".
• Minor edit — the summary-trial cross-reference "section 260 or section 261" → "section 283 or section 284".
• Minor edit — "pleader" → "advocate" throughout sub-section (1) ("by pleader" → "by an advocate"; "such pleader" → "such advocate").
• Minor edit — "Motor Vehicles Act, 1939 (4 of 1939)" → "Motor Vehicles Act, 1988".
• Minor edit — sub-section (3): offences "compoundable under section 320" → "compoundable under section 359". The rest of sub-section (3) — offences punishable with imprisonment "for a term not exceeding three months, or with fine, or with both" — is unchanged.

Section 207 CrPC → Section 230 BNSS — one line: a fourteen-day outer limit, supply to the represented victim, and electronic supply. Full treatment on the Section 207 page.

Section 208 CrPC → Section 231 BNSS

• Modified — "the Magistrate shall without delay furnish" → "the Magistrate shall forthwith furnish".
• Expanded — new second proviso: "supply of documents in electronic form shall be considered as duly furnished".
• Minor edit — cross-references renumbered: issue of process "section 204" → "section 227"; complainant's and witnesses' statements "section 200 or section 202" → "section 223 or section 225"; police and Magistrate statements "section 161 or section 164" → "section 180 or section 183"; "pleader" → "an advocate".

Section 209 CrPC → Section 232 BNSS

• New — first proviso: "the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing".
• New — second proviso: "any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case".
• Minor edit — clause (a): "section 207 or section 208, as the case may be," → "section 230 or section 231" (the words "as the case may be" are dropped); "this Code relating to bail" → "this Sanhita relating to bail" in clauses (a) and (b).
• Identical in substance — clauses (b), (c) and (d): remand during trial subject to the bail provisions, sending the record and articles, and notifying the Public Prosecutor. Clause (d) now ends with a colon to introduce the provisos.

The CrPC carries a Gujarat amendment to clause (a) of Section 209 (Gujarat Act 30 of 1976) that reorders the same words; the BNSS text read for this page shows no State amendment, and none was checked.

Statutory text (relevant extract)

Extract — Section 229(1) proviso and 229(2) BNSS:

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, or under any other law which provides for convicting the accused person in his absence on a plea of guilty.

Extract — Section 206(2) CrPC (old):

(2) For the purposes of this section, "petty offence" means any offence punishable only with fine not exceeding one thousand rupees …

Extract — Section 232 BNSS, opening words and first proviso:

When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— (a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session … Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing:

How it works — the steps

A. The special summons for petty offences (Section 229 BNSS)

1. Trigger — a Magistrate takes cognizance of a "petty offence" (Section 229(2)) and forms the opinion that the case "may be summarily disposed of under section 283 or section 284" (the summary-trial powers).
2. Default rule — the Magistrate "shall" issue the special summons, "except where he is, for reasons to be recorded in writing of a contrary opinion".
3. Three options for the accused in the summons (Section 229(1)): appear in person or by an advocate on the specified date; or, to plead guilty without appearing, transmit the written plea and the fine specified in the summons "by post or by messenger" before the specified date; or authorise an advocate in writing to plead guilty and pay the fine.
4. Cap — the fine specified in the summons cannot exceed ₹5,000 (first proviso).
5. Exclusions — fine-only offences under the Motor Vehicles Act, 1988, and under any law that already provides for conviction in absence on a guilty plea, are outside Section 229(2).
6. Extension by notification — under Section 229(3), the State Government may specially empower a Magistrate to use the same procedure for any offence compoundable under Section 359 BNSS, or punishable with imprisonment up to three months, or fine, or both, where the Magistrate thinks "the imposition of fine only would meet the ends of justice".

B. Committal to the Court of Session (Section 232 BNSS)

1. Trigger — in a case "instituted on a police report or otherwise", the accused appears or is brought before the Magistrate, and it appears that the offence is triable exclusively by the Court of Session.
2. Copies first — the Magistrate must comply with Section 230 (police-report cases) or Section 231 (complaint cases) before committing (clause (a)).
3. Commit and remand — commit the case, and, subject to the bail provisions, remand the accused to custody until committal (clause (a)) and during and until the conclusion of the trial (clause (b)).
4. Send the record — the record of the case and the documents and articles to be produced in evidence go to the Court of Session (clause (c)); the Public Prosecutor is notified (clause (d)).
5. Forward pending applications — any application by the accused, the victim or a person authorised by either goes to the Court of Session with the committal (second proviso).
6. Time — ninety days from the date of taking cognizance; extension by the Magistrate "for a period not exceeding one hundred and eighty days" for recorded reasons (first proviso).
7. Next stage — under Section 213 BNSS (formerly Section 193 CrPC), the Court of Session takes cognizance as a court of original jurisdiction only once the case "has been committed to it by a Magistrate". The accused then has sixty days from committal to apply for discharge under Section 250(1) BNSS — see the discharge page.

What this means in practice

For a person summoned for a petty offence. Read the summons for the specified date and the fine stated in it. Under Section 229(1), a written guilty plea and the fine may be sent "by post or by messenger to the Magistrate" before that date, or an advocate may be authorised in writing to plead guilty and pay. Anyone who wishes to contest the charge should appear, in person or by an advocate, on the specified date. Section 229 applies only where the Magistrate has not recorded a "contrary opinion".

For the Magistrate's office. The ₹5,000 figure governs both the definition of a petty offence and the fine that may be specified. A fine-only offence punishable with a fine above ₹5,000 is not a "petty offence" under Section 229(2); the special-summons procedure reaches it only if the State has specially empowered the Magistrate under Section 229(3) and the offence falls within that sub-section.

For the accused in a Sessions-triable case. Check that copies have been supplied under Section 230 or 231 before the committal order: clause (a) makes compliance a condition of committal. Any application — for example, a bail or document application — filed before the Magistrate travels with the record under the second proviso. The sixty-day discharge window in Section 250(1) BNSS runs "from the date of commitment of the case under section 232".

For the victim. A represented victim is entitled to copies under Section 230, and the victim's own applications before the Magistrate in a Sessions-triable case must be forwarded under the second proviso to Section 232.

For the prosecution and the committing court. The ninety-day clock in Section 232 runs "from the date of taking cognizance", not from arrest or charge-sheet. An extension requires recorded reasons and is limited to "a period not exceeding one hundred and eighty days". Section 232 does not state what follows if the period is exceeded; on a reading of the text, the proviso regulates the Magistrate's conduct of the proceeding and does not itself provide for discharge or release.

Judgments that still matter

No Supreme Court judgment construing Section 229 or Section 232 BNSS was found in the corpus searched for this page. The two judgments below construe Sections 193 and 209 CrPC, whose operative words Sections 213 and 232(a)–(d) BNSS repeat with renumbered cross-references; on a reading of the text they remain relevant to the committal stage.

Sanjay Gandhi v. Union of India and Ors., [1978] 2 S.C.R. 861 (1978 INSC 30) — 14 February 1978. Bench of V. R. Krishna Iyer and Jaswant Singh JJ.; order of the Court delivered by Krishna Iyer J. A co-accused sought more time before committal to inspect about 20,000 pages of police records and to cross-examine witnesses. Rejecting the petition, the Court stated that where the offence is triable exclusively by the Court of Session, "The Committing Magistrate in such cases has no power to discharge the accused", nor to take oral evidence save where a specific provision such as Section 306 (approvers) requires it (p. 862). It also said the committal court may not satisfy itself that a prima facie case is made out on the merits; its "narrow inspection hole" limits it to ascertaining whether the case, as disclosed by the police report, shows an offence triable solely by the Court of Session (pp. 862–863). Fabricated facts are met by discharge before the Sessions Court under Section 227 (p. 863). The approver provision is now Section 343 BNSS and Sessions discharge is Section 250 BNSS.

Dharam Pal & Ors. v. State of Haryana & Anr., [2013] 13 S.C.R. 1052 (2013 INSC 479) — 18 July 2013. Constitution Bench of five Judges; judgment delivered by Altamas Kabir CJI. The Court held that the Magistrate, on disagreeing with a police report, may issue process against persons in column 2 and then try them or commit the case (para 24). It held that cognizance is taken only once, and that Section 209 is to be understood as "the learned Magistrate playing a passive role in committing the case to the Court of Session" on finding from the police report that the case is Sessions-triable (para 27). On committal, the Court of Session assumes original jurisdiction under Section 193 and "even without recording evidence" may summon persons shown in column 2 of the police report to stand trial (para 28), without waiting for the Section 319 stage (para 29). The Court approved Kishun Singh v. State of Bihar over Ranjit Singh v. State of Punjab (paras 30–31) and remitted the pending appeals to a Bench of three Judges (para 32). Section 213 BNSS repeats Section 193 CrPC with "Code" changed to "Sanhita".

Which law applies to your case

Section 531(2)(a) BNSS provides that any appeal, application, trial, inquiry or investigation pending immediately before 1 July 2024 is to be "disposed of, continued, held or made" under the CrPC "as if this Sanhita had not come into force". On a reading of that text, a committal proceeding pending on that date continues under Section 209 CrPC, without the ninety-day proviso, and a petty-offence summons issued before that date is governed by Section 206 CrPC. For cases begun on or after 1 July 2024, Sections 229 to 232 BNSS apply. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What are the BNSS equivalents of Sections 206 and 209 CrPC?

Section 229 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 206 CrPC (special summons in petty offences), and Section 232 BNSS replaces Section 209 CrPC (commitment of a case to the Court of Session). The two sections in between, 207 and 208 CrPC on supply of copies, are now Sections 230 and 231 BNSS. All came into force on 1 July 2024.

What is a petty offence under Section 229 BNSS?

Under Section 229(2) BNSS, a petty offence is any offence punishable only with fine not exceeding five thousand rupees. It excludes offences so punishable under the Motor Vehicles Act, 1988 and under any other law that provides for convicting the accused in his absence on a plea of guilty. Section 206(2) CrPC set the limit at one thousand rupees.

Can I plead guilty to a petty offence without going to court?

Yes, if the Magistrate issues a special summons under Section 229(1) BNSS. The summons lets the accused either appear in person or by an advocate, or transmit a written plea of guilty and the fine specified in the summons by post or messenger before the specified date, or authorise an advocate in writing to plead guilty and pay the fine. The fine specified cannot exceed five thousand rupees.

Is there a time limit for committing a case to the Court of Session under the BNSS?

Yes. The first proviso to Section 232 BNSS says the committal proceedings 'shall be completed within a period of ninety days from the date of taking cognizance', and the Magistrate may extend this 'for a period not exceeding one hundred and eighty days' for reasons recorded in writing. Section 209 CrPC set no time limit. Section 232 does not state what follows if the period is exceeded.

Can the committing Magistrate discharge the accused in a Sessions case?

No. In Sanjay Gandhi v. Union of India ([1978] 2 S.C.R. 861) the Supreme Court said the committing Magistrate has no power to discharge the accused and may not examine the merits for a prima facie case; he only ascertains whether the police report discloses an offence triable exclusively by the Court of Session. Discharge is for the Sessions Judge, now under Section 250 BNSS.

Can the Sessions Judge summon a person not charge-sheeted after committal?

Yes. In Dharam Pal v. State of Haryana ([2013] 13 S.C.R. 1052) a Constitution Bench held that on committal the Court of Session takes cognizance as a court of original jurisdiction under Section 193 CrPC and may summon persons shown in column 2 of the police report without waiting for evidence under Section 319. Section 213 BNSS repeats Section 193 with 'Code' changed to 'Sanhita'.

What happens to applications filed before the committing Magistrate?

The second proviso to Section 232 BNSS requires any application filed before the Magistrate by the accused, the victim or any person authorised by them, in a case triable by the Court of Session, to be forwarded to the Court of Session with the committal of the case. Section 209 CrPC contained no such proviso.

Which law applies to a committal pending on 1 July 2024?

Section 531(2)(a) BNSS provides that any inquiry, trial or application pending immediately before 1 July 2024 is to be continued in accordance with the Code of Criminal Procedure as if the BNSS had not come into force. On a reading of that text, a committal proceeding pending on that date continues under Section 209 CrPC, which has no ninety-day proviso.

Related

• Section 207 CrPC vs Section 230 BNSS — Supply of documents
• Sections 227 and 239 CrPC vs Sections 250 and 262 BNSS — Discharge
• Section 204 CrPC vs Section 227 BNSS — Issue of process
• Section 260 CrPC vs Section 283 BNSS — Summary trial
• Discharge application and framing-of-charge deadlines
• CrPC to BNSS master comparison table

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette of India text): Sections 213, 229, 230, 231, 232, 250(1), 283(1), 343, 359, 531(2)(a).
• Code of Criminal Procedure, 1973 (India Code original text, with footnotes): Sections 193, 206, 207, 208, 209 (with the Gujarat amendment), and the headings of Sections 260, 261 and 320.
• Supreme Court judgments read in full text: Sanjay Gandhi v. Union of India and Ors. (1978_2_861_863_EN.md, report PDF header checked); Dharam Pal & Ors. v. State of Haryana & Anr. (2013_13_1052_1073_EN.md, report PDF header checked).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.