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.

Answer 2

The question asks who has the power to issue a special summons under Section 206 of the Code of Criminal Procedure, a provision meant to expedite the trial of petty offences. Let us test each option against the text of the provision.

1. A Magistrate only: Section 206 speaks of a Magistrate taking cognizance of a petty offence and, where the case is fit for summary disposal, issuing the special summons requiring the accused to appear or to plead guilty by post. The provision names only the Magistrate as the authority empowered to issue this summons.
2. A Magistrate as well as the Court of Sessions: This option would require the provision to extend the power to the Sessions Court as well, but the text of Section 206 confines the power to the Magistrate taking cognizance of the petty offence, with no mention of the Sessions Court sharing this power.
3. The Court of Sessions: Petty offences triable summarily are dealt with at the Magisterial level in the first instance, not by the Sessions Court, so this option does not match the scheme of the provision.
4. The High Court: The High Court's role is supervisory and appellate in nature and it does not issue special summonses for petty offences at the trial stage.

Since the text of Section 206 vests this power exclusively in the Magistrate, the correct answer is A Magistrate only.