summary trial under code of criminal procedure
17-Feb-2023 (In Criminal Law)
The summary procedure given under the criminal procedure states that generally offences with imprisonment upto 2 years have the option of summary procedure. But sub clause(c) of clause (1) of section 260 of this act states that offences u/s 379,380,381 of IPC can be tried in a summary way. But the imprisonment u/s 379, 380 states that it can extend upto 3 years. If the sentence is upto 7 years as given u/s380 of IPC how can this be proceeded with summary trial.
Section 378 of the IPC defines “theft” and section 379 of the IPC provides for punishment for theft. As per the latter, the offence is “cognizable” meaning a police officer can arrest without warrant. It is also non-bailable. The offence is however “compoundable” meaning the complaint/case can be settled/withdrawn.
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