Helplinelaw - legal solution world wide  
 
Law Law
Banking and Insurance
Business and Corporate
Constitutional
Consumer Laws
Criminal Law
Energy
Environmental
Family and Inheritance
Heritage and National Importance
Immigration Law
Labor Law
Local Laws
National Security
Others
Procedural and Administration
Property Related
Public Utilities
RBI
Shipping Laws
Tax Laws
Articls
search a lawyer
Country:
City:
ACTS, STATUTES
letterboxSubmit Article
loginArticle Login
 
lawyer
Find a Lawyer :
Country :
City :
Category :
 
Home > Indian Bare Acts > >
INDIAN BARE ACTS
Search Alphabatically :
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Search Chronologically :
Title : THE CODE OF CRIMINAL PROCEDURE, 1973

Year : 1973

Act : CHAPTER XXI SUMMARY TRIALS


260.

Power to try summarily.


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 India Penal Code (45 of 1860), where the value of the
property stolen does no 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 Panel 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;


929


(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.


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.


262.Procedure for summary trials. (1) In trials under this
Chapter, the procedure specified in this Code for the trial of summons-ease 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.


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 or 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 the date on which
proceedings terminated.

930



264.

Judgement in cases tried summarily.


264. Judgement 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 judgement.


265. Language of record and judgement.(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.


Last updated on February, 2008
 
Law Law
Property / Real Estate
Legal verified real estate. Choose from our list of properties with clear title.

Search property
LEGAL SERVICES
Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code
LAWYER BY LOCATION
India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...
LAW PRACTICE AREA
Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law
ABOUT HELPLINELAW
About Us
Contact Us
Services
Site Map
Recommend to Friends
© copyright 2000-2013, Helplinelaw.com Terms of USE
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.