CrPC Section 206

Section 206 CrPC — Issue of Summons by Magistrate

Text of Section 206 CrPC:

"Where, on the information received or otherwise, it appears to the Magistrate that the case is fit to be tried summarily, he shall issue a summons to the accused and shall examine him in the manner provided in Chapter XXI."

Explanation and Breakdown:

1. Purpose of Section 206

This section empowers a Magistrate to issue summons to the accused if the case is considered fit for summary trial.

Summary trials are meant to be quick and simple trials for minor offences.

2. When Does Section 206 Apply?

When the Magistrate receives information (police report, complaint, or otherwise) about an offence.

If the offence is of a nature suitable for summary trial.

Examples: petty theft, minor assault, simple hurt, or other offences punishable with relatively low penalties.

3. What is a Summons?

A summons is a written order directing the accused to appear before the Magistrate.

It is less severe than a warrant (which authorizes arrest).

The accused is called to court to answer the charges.

4. Procedure Under Section 206

Magistrate reviews the case information.

If suitable for summary trial, the Magistrate issues a summons to the accused.

The accused is examined as per procedures outlined in Chapter XXI (which deals with summary trials).

The trial proceeds in an expedited manner.

5. Summary Trials:

Summary trials are quicker and less formal.

Usually handled by Executive Magistrates or Magistrates of the First Class.

The punishments in such cases are generally lighter.

6. Summary Table:

AspectDetails
PurposeIssue summons for summary trial
When appliedCase fit for summary trial (minor offences)
AuthorityMagistrate
Legal procedure referencedChapter XXI (Summary Trials)
Type of notice issuedSummons

7. Example:

A complaint is filed for a minor case of public nuisance.

The Magistrate finds it suitable for a quick summary trial.

The Magistrate issues a summons to the accused under Section 206 CrPC to appear in court.

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