INDIAN KANOON SECTION 260 CrPC - Code of Criminal Procedure - Power to try summarily

  • Description

    1. Notwithstanding anything contained in this Code—
      1. any Chief Judicial Magistrate;
      2. any Metropolitan Magistrate;
      3. 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;
        1. offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
        2. 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;
        3. 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;
        4. 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;
        5. offences under sections 454 and 456 of the Indian Penal Code (45 of 1860);
        6. insult with intent to provoke a breach of the peace, under section 504 and criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both, under section 506 of the Indian Penal Code (45 of 1860);
        7. abetment of any of the foregoing offences;
        8. an attempt to commit any of the foregoing offences, when such attempt is an offence;
        9. 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.

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  Supreme Court of India
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