(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the
case may be summarily disposed of under sections 283, 284 or section 285, 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
authorise, 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 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.
(3) The State Government may, by notification, specially empower any Magistrate to
exercise the powers conferred by sub-section (1) in relation to any offence which is
compoundable under section 359 or any offence punishable with imprisonment for a term
not exceeding three months, or with fine, or with both where the Magistrate is of opinion
that, having regard to the facts and circumstances of the case, the imposition of fine only
would meet the ends of justice.
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