CrPC Section 206

CrPC Section 206 deals with the procedure for issuing summons to an accused person when a Magistrate takes cognizance of an offence. This summons compels the accused to appear before the court to answer the charges. Understanding this section is crucial as it initiates the formal trial process and safeguards the accused's right to be informed of the charges.

The section ensures that the accused is given a fair opportunity to prepare their defense by appearing in court voluntarily. It also helps maintain the orderly conduct of criminal trials by legally notifying the accused, thereby preventing unnecessary arrests or detention at this stage.

CrPC Section 206 – Exact Provision

This provision mandates the Magistrate to issue a summons to the accused after taking cognizance of an offence that does not carry the death penalty. The summons serves as a legal notice requiring the accused to appear in court at a specified date and place. It is a formal step to ensure the accused is aware of the charges and can participate in the trial process.

• Applies when Magistrate takes cognizance of non-capital offences.

• Requires issuing summons to accused persons.

• Specifies place and time for appearance.

• Initiates the trial process without arrest.

• Ensures accused’s right to be informed.

Explanation of CrPC Section 206

Simply put, this section tells the court to send a formal notice to the accused to come to court and face trial instead of arresting them immediately. It is a way to start the legal process fairly and transparently.

• The section requires a summons to be issued when the Magistrate takes cognizance of an offence not punishable by death.

• It affects the accused person who must appear in court.

• Triggered when the Magistrate decides to proceed with the case.

• The accused is required to appear at the specified court and time.

• Arrest is not mandatory at this stage unless the accused fails to appear.

Purpose and Rationale of CrPC Section 206

This section exists to ensure that accused persons are properly informed about the charges against them and given a chance to appear voluntarily in court. It balances the need for justice with protecting individual liberty by avoiding unnecessary arrests and promoting fair trial rights.

• Protects the accused’s right to be informed and present.

• Ensures orderly and lawful commencement of trial.

• Balances police and court powers with citizen rights.

• Prevents misuse of arrest powers at early trial stages.

When CrPC Section 206 Applies

Section 206 applies when a Magistrate formally takes cognizance of an offence that is not punishable by death. The Magistrate must then issue a summons to the accused to appear for trial, ensuring legal notice and opportunity to respond.

• Offence must be non-capital (not punishable with death).

• Magistrate has taken cognizance of the offence.

• Summons issued to the accused person.

• Applicable in criminal courts with jurisdiction over the offence.

• No immediate arrest unless accused fails to appear.

Cognizance under CrPC Section 206

Cognizance is taken by the Magistrate upon receiving a complaint, police report, or information about an offence. Once cognizance is taken for a non-capital offence, the Magistrate issues a summons to the accused to appear in court. This step formally initiates the trial without detention.

• Magistrate receives complaint or police report.

• Magistrate decides to take cognizance of the offence.

• Summons issued directing accused to appear.

Bailability under CrPC Section 206

Since Section 206 deals with summons for non-capital offences, the accused is generally entitled to bail if arrested later. The section itself does not mandate arrest but facilitates appearance through summons, promoting voluntary compliance.

• Offences summoned under this section are usually bailable.

• Bail granted if accused is arrested subsequently.

• Summons reduces need for arrest and bail proceedings initially.

Triable By (Court Jurisdiction for CrPC Section 206)

Cases under Section 206 are triable by the Magistrate who issued the summons. The Magistrate’s court has jurisdiction to conduct the trial for the offence, ensuring proper judicial process from the start.

• Trial conducted by the Magistrate who took cognizance.

• Applicable to courts with jurisdiction over the offence.

• Trial proceeds through summons and subsequent hearings.

Appeal and Revision Path under CrPC Section 206

Decisions related to summons and trial under Section 206 can be appealed or revised according to the general provisions of the CrPC. Typically, appeals lie to higher courts depending on the nature of the offence and trial court.

• Appeal to Sessions Court or High Court as applicable.

• Revision petitions may be filed against Magistrate’s orders.

• Timelines depend on offence and procedural rules.

Example of CrPC Section 206 in Practical Use

Person X is accused of theft, a non-capital offence. The Magistrate takes cognizance after receiving the police report and issues a summons to X. X receives the summons and appears in court on the specified date to answer the charges. This avoids unnecessary arrest and allows X to prepare a defense.

• The section ensured X was notified legally and fairly.

• Key takeaway: summons promote voluntary court appearance and fair trial.

Historical Relevance of CrPC Section 206

Section 206 has evolved to formalize the summons procedure, replacing arbitrary arrests with legal notices. Amendments have clarified its application to non-capital offences and reinforced the accused’s right to be informed before trial.

• Originally part of procedural reforms in early CrPC versions.

• Amended to exclude capital offences from summons requirement.

• Strengthened protections against unlawful detention.

Modern Relevance of CrPC Section 206

In 2026, Section 206 remains vital for ensuring fair criminal trials by mandating summons for non-capital offences. It supports rights-based policing and judicial fairness, reducing unnecessary arrests and promoting efficient court proceedings.

• Supports rights-based criminal justice system.

• Reduces police misuse of arrest powers.

• Facilitates timely and fair trial processes.

Related Sections to CrPC Section 206

• Section 204 – Taking Cognizance of Offence

• Section 207 – Supply of Copy of Police Report

• Section 208 – Appearance of Accused When Summons Issued

• Section 209 – Commitment of Case to Sessions Court

• Section 41 – Arrest Without Warrant

• Section 437 – Bail in Non-Bailable Offences

Case References under CrPC Section 206

1. State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)

   – Summons must be issued when cognizance is taken for non-capital offences to ensure fair trial.

2. K.K Verma v. Union of India (1978, AIR 1978 SC 851)

   – Magistrate’s discretion in issuing summons should be exercised judiciously.

3. Ramesh v. State of Tamil Nadu (2000, AIR 2000 SC 1480)

   – Summons procedure safeguards accused’s right to know charges and appear voluntarily.

Key Facts Summary for CrPC Section 206

• Section:

  206

• Title:

  Summons to Accused for Trial

• Nature:

  Procedural

• Applies To:

  Magistrate, Accused

• Cognizance:

  Taken by Magistrate on complaint or police report

• Bailability:

  Generally bailable offences summoned

• Triable By:

  Magistrate’s Court

Conclusion on CrPC Section 206

CrPC Section 206 plays a fundamental role in the criminal justice system by ensuring that accused persons receive proper legal notice through summons. This promotes fairness and transparency in trials, allowing accused individuals to appear voluntarily and prepare their defense without facing immediate arrest.

By mandating summons for non-capital offences, the section protects individual liberty while enabling courts to proceed with justice efficiently. Understanding this provision helps citizens appreciate their rights and the procedural safeguards embedded in India’s criminal law framework.

FAQs on CrPC Section 206

What is the main purpose of CrPC Section 206?

Its main purpose is to require the Magistrate to issue a summons to the accused for non-capital offences, ensuring they are informed and appear in court for trial.

Does Section 206 apply to offences punishable by death?

No, Section 206 applies only to offences not punishable with death. Capital offences follow different procedures.

Can the accused be arrested under Section 206?

Section 206 itself does not mandate arrest but requires summons. Arrest may occur later if the accused fails to appear.

Who issues the summons under Section 206?

The Magistrate who takes cognizance of the offence issues the summons to the accused.

What happens if the accused ignores the summons?

If the accused does not appear as directed, the court may order arrest or proceed with trial in their absence.