The
Code of Criminal Procedure, 1973
CHAPTER XXI
: SUMMARY TRIALS
260. Power to try summarily
(1).Notwithstanding anything contained in this Code-
(a) any Chief Judicial Magistrate;
(b) any Metropolitan Magistrate;
(c) any Magistrate of the first class specially empowered in this behalf
by the High Court,
may, if he thinks fit, try in a summary way all or any of the following
offences:-
(i) offences not punishable with death, imprisonment for life or imprisonment
for a term exceeding two years;
(ii) theft, under section 379, section 380 or section 381 of the Indian
Penal Code (45 of 1860), where the value of the property stolen does
not exceed two hundred rupees;
(iii) receiving or retaining stolen property, under section 411 of
the Indian Penal Code (45 of 1860), where the value of the property does
not exceed two hundred rupees;
(iv) assisting in the concealment or disposal of stolen property, under
section 414 of the Indian Penal Code (45 of 1860), where the value of
such property does not exceed two hundred rupees;
(v) offences under sections 454 and 456 of the Indian Penal Code (45
of 1860);
(vi) insult with intent to provoke a breach of the peace, under section
504, and criminal intimidation, under section 506 of the Indian Penal
Code (45 of 1860);
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such
attempt is an offence;
(ix) any offence constituted by an act in respect of which a complaint
may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871).
(2) When, in the course of a summary trial it appears to the Magistrate
that the nature of the case is such that it is undesirable to try it
summarily, the Magistrate shall recall any witnesses who may have been
examined and proceed to re-hear the case in the manner provided by this
Code.
261. Summary trial by Magistrate of the second class
The High Court may confer on any Magistrate invested with the powers
of a Magistrate of the second class power to try summarily any offence
which is punishable only with fine or with imprisonment for a term not
exceeding six months with or without fine, and any abetment of or attempt
to commit any such offence.
262. Procedure for summary trials
(1) In trials under this Chapter, the procedure specified in this Code
for the trial of summons-case shall be followed except as hereinafter
mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall
be passed in the case of any conviction under this Chapter.
263. Record in summary trials
In every case tried summarily, the Magistrate shall enter, in such form
as the State Government may direct, the following particulars, namely:-
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the date of the report or complaint;
(d) the name of the complainant (if any);
(e) the name, parentage and residence of the accused;
(f) the offence complained of and the offence (if any) proved, and
in cases coming under clause (ii), clause (iii) or clause (iv) of sub-section
(1) of section 260, the value of the property in respect of which the
offence has been committed;
(g) the plea of the accused and his examination (if any);
(h) the finding;
(i) the sentence or other final order;
(j) the date on which proceedings terminated.
264. Judgement in cases tried summarily
In every case tried summarily in which the accused does not plead guilty,
the Magistrate shall record the substance of the evidence and a judgement
containing a brief statement of the reasons for the finding.
265. Language of record and judgement
(1) Every such record and judgement shall be written in the language
of the Court.
(2) The
High Court may authorise any Magistrate empowered to try offences summarily
to prepare the aforesaid record or judgement or both by means of an
officer appointed in this behalf by the Chief Judicial Magistrate,
and the record or judgement so prepared shall be signed by such Magistrate.
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