CrPC Section 260 — Power to try summarily

Summary

Sub-section (1) allows (a) a Chief Judicial Magistrate, (b) a Metropolitan Magistrate, or (c) a first-class Magistrate specially authorised by the High Court to choose to try the listed offences summarily. The offences are: (i) offences not punishable with death, life imprisonment, or imprisonment for more than two years; (ii) theft under sections 379, 380 or 381 of the Indian Penal Code, where the stolen property is worth no more than two thousand rupees; (iii) receiving or keeping stolen property under section 411, where its value is no more than two thousand rupees; (iv) helping conceal or dispose of stolen property under section 414, where its value is no more than two thousand rupees; (v) offences under sections 454 and 456; (vi) insult intended to provoke a breach of the peace under section 504, and criminal intimidation under section 506 punishable by up to two years’ imprisonment, a fine, or both; (vii) abetting any of the offences listed above; (viii) attempting any of those offences, where the attempt is an offence; and (ix) an offence consisting of an act for which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.

Sub-section (2) says that if, during a summary trial, the Magistrate considers the case unsuitable for summary trial, the Magistrate must recall any witnesses already examined and rehear the case in the manner provided by the Code.

Official Text

(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 1[two thousand 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 1[two thousand 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 1[two thousand 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 1[criminal intimidation punishable with imprisionment 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);

(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.

Sections referred to

• CrPC §379 — Appeal against conviction by High Court in certain cases
• CrPC §380 — Special right of appeal in certain cases
• IPC §381 — Theft by clerk or servant of property in possession of master
• IPC §411 — Dishonestly receiving stolen property
• IPC §414 — Assisting in concealment of stolen property
• IPC §454 — Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment
• IPC §456 — Punishment for lurking house-trespass or house-breaking by night
• IPC §506 — Punishment for criminal intimidation

Referred to by

• CrPC §206 — Special summons in cases of petty offence
• CrPC §263 — Record in summary trials
• CrPC §376 — No appeal in petty cases

Related Judgments

• PARKASH SINGH BADAL AND ANR. vs STATE OF PUNJAB AND ORS — Supreme Court of India (2006)
• PAWAN KUMAR vs STATE OF HARYANA AND ANR — Supreme Court of India (1996)
• NATIONAL INVESTIGATION AGENCY vs ZAHOOR AHMAD SHAH WATALI — Supreme Court of India (2019)