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 trial 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 of 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. Judgment 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 judgment containing a brief statement of
the reasons
for
the finding.
265. Language of record and judgment -
(1)
Every such record and judgment 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 judgment or both by means of an officer appointed in
this behalf
by
the Chief Judicial Magistrate, and the record or judgment so prepared shall be
signed by such
Magistrate.
