CrPC 260 — Power to try summarily

Code of Criminal Procedure, 1973

Statutory 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

[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

[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

[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

[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.

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