Petty offence
Also called: Petty offences
For Section 229 of the BNSS, an offence punishable only with fine not exceeding five thousand rupees, other than Motor Vehicles Act offences and offences under laws allowing conviction in absence on a guilty plea.
Explained
Section 229(2) of the BNSS defines petty offence, for the purposes of that section, as any offence punishable only with fine not exceeding five thousand rupees. It excludes an offence so punishable under the Motor Vehicles Act, 1988, and an offence under any other law which provides for convicting the accused in his absence on a plea of guilty. Section 206(2) of the CrPC (earlier) used a limit of one thousand rupees and referred to the Motor Vehicles Act, 1939.
The definition supports the special summons procedure. Under Section 229(1), where a Magistrate taking cognizance of a petty offence thinks the case may be summarily disposed of under Section 283 or 284, he shall, unless for recorded reasons he thinks otherwise, issue a summons requiring the accused to appear in person or by an advocate, or, if he wishes to plead guilty without appearing, to send the plea in writing and the fine specified in the summons by post or messenger, or to authorise an advocate in writing to plead guilty and pay the fine for him. The fine specified in such a summons cannot exceed five thousand rupees. Under Section 229(3) the State Government may specially empower a Magistrate to use this procedure for certain other offences, such as those compoundable under Section 359.
The Juvenile Justice (Care and Protection of Children) Act, 2015 gives the term a different and much wider meaning. Section 2(45) says petty offences include offences for which the maximum punishment under any law is imprisonment up to three years. These sit beside serious offences in Section 2(54) and heinous offences in Section 2(33), the latter being offences with a minimum punishment of seven years or more. Under Section 14(4) of that Act, if an inquiry by the Board into a petty offence remains inconclusive even after the extended period, the proceedings stand terminated.
Examiners test the five thousand rupee limit, the change from one thousand rupees under the CrPC, the two exclusions, and the contrast between the BNSS and JJ Act meanings.
What the law says
(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 (59 of 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.
Defines petty offence and the special summons procedure
Earlier law: CRPC 206. Special summons in cases of petty offence.
(45) “petty offences” includes the offences for which the maximum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment up to three years;
Clause (45) defines petty offences for children
(4) If inquiry by the Board under sub-section (2) for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated:
Provided that for serious or heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate, for reasons to be recorded in writing.
(5) The Board shall take the following steps to ensure fair and speedy inquiry, namely:—
Termination of inconclusive inquiries into petty offences
Earlier law: Section 206, CrPC
Example
For example, if a local law punishes an act only with a fine of up to two thousand rupees, the Magistrate may issue a special summons under Section 229, and the accused may send a written plea of guilty with the fine by post instead of appearing.
For the exam
- Section 229(2) BNSS: offence punishable only with fine up to Rs 5,000.
- Earlier limit under Section 206 CrPC was Rs 1,000.
- Excludes Motor Vehicles Act offences and laws allowing conviction in absence on a guilty plea.
- The accused may plead guilty by post, messenger or through an advocate and remit the fine.
- JJ Act Section 2(45): petty offences are those with maximum punishment up to three years.
45 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- Summons-caseA case relating to an offence that is not a warrant-case, that is, an offence punishable with imprisonment up to two years or with fine only. Defined in Section 2(1)(x) of the BNSS.
- Heinous offencesOffences for which the minimum punishment under the IPC or any other law in force is imprisonment for seven years or more (Section 2(33) of the Juvenile Justice Act, 2015).
- Serious offencesUnder Section 2(54) of the Juvenile Justice Act, 2015, offences with a minimum sentence above three and up to seven years, or a maximum above seven years with no minimum or a minimum below seven years.
- Child in conflict with lawUnder Section 2(13) of the JJ Act, 2015, a child alleged or found to have committed an offence who had not completed eighteen years on the date of the offence.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.