Special summons in cases of petty offences:-

The Magistrate can issue some special summons in cases of petty offences,

According to Section 206(2) For the purposes of this section,” petty offence” means any offence
punishable only with a fine

not more than one thousand rupees, but does not include any offence so punishable under the Motor

Vehicles Act, 1939 or under any other law which provides for convicting the accused person in his
absence on a plea of guilty. 

When a Magistrate takes cognizance of petty offences the case can be summarily dismissed according

to Section 260, but sometimes the Magistrate will send the summons for the person to appear in

person or by pleader when it is needed. The reason for such a decision has to be recorded. 

4. State govt. by issuing notification U/S. 206 may empower Magistrate

in following matters to issue special summon.
5. Offence compoundable U/S. 320.(
6. An offence was punishable with imprisonment for a term not
exceeding 3 years.

Where the proceeding is instituted on a police

report(Section 207)
Section 207 provides that the Magistrate has to provide certain copies of documents to the
person accused when the proceedings are instituted on a police report. The documents must
be provided free of cost. The necessary documents that have to be provided are:

1. The police report;

2. The First Information Report(FIR) which is recorded under Section 154;
3. The statements which are recorded Sub-section (3) of Section 161 of all persons
whom the prosecution proposes to examine as its witnesses;
4. The confessions and statements that are recorded under Section 164 if available;
5. Any other relevant document which is forwarded to the Magistrate with the police
report.
6. Supply of copies of statements and documents to accused in other cases
triable by court of session(208)

The court has to provide certain documents to the accused when the offence is triable
exclusively by the Court of Session according to Section 208. These documents should be
provided when the case is not instituted based on the police reports. The documents are:
 1. The statements recorded under Section 200 or Section 202 after the investigation
by Magistrates;
2. Any documents that are produced before the Magistrate on which the prosecution
proposes to rely;
3. The statements and confessions that are recorded under Section 161 or Section
164 if available.

The commitment of the case to Court of

Session
Section 209 deals with the commitment of the case to the Court of Session. According to
this section if a Magistrate feels that if the offence is triable exclusively by the Court of
Session after instituting a case, then,

1. The Magistrate can commit the case to the Court of Session;

2. The accused can be remanded in custody until the proceedings are subject to the
other provisions relating to bail;
3. The Magistrate can send evidence and other relevant evidence to the concerned
court to carry out the proceedings;
4. The Magistrate can also notify the Public Prosecutor of the commitment of the
case to the Court of Session.