What is Power to try summarily? What is Summary trial by Magistrate of the second class? Section 260 and 261 of Code of Criminal Procedure 1973

Power to try summarily and Summary trial by Magistrate of the second class are defined under Section 260 and 261 of CRPC 1973. Provisions under this section is:

Section 261 of CRPC "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 Indian Penal Code, (45 of 1860) where the value of the property stolen does not 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 Penal 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;

(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.

Section 261 of CRPC "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.

TRIAL OF SUMMONS-CASES BY MAGISTRATES
Substance of accusation to be stated. What is conviction on plea of guilty? What is conviction on plea of guilty in absence of accused in petty cases? What is Procedure when not convicted? Section 251, 252, 253 and 254 of Code of Criminal Procedure 1973

What is Acquittal or conviction? Non-appearance or death of complainant. Section 255 and 256 of Code of Criminal Procedure 1973

What is Withdrawal of complaint? What are the Power to stop proceedings in certain cases? What is the Power of Court to convert summons-cases into warrant-cases? Section 257,258 and 259 of Code of Criminal Procedure 1973

SUMMARY TRIALS

What is Power to try summarily? What is Summary trial by Magistrate of the second class? Section 260 and 261 of Code of Criminal Procedure 1973

What is Procedure for summary trials? What is Record in summary trials? What is Judgment in cases tried summarily? What is Language of record and judgment? Section 262, 263, 264 and 265 of Code of Criminal Procedure 1973

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

What is the meaning of Detained, prison? What is Power to require attendance of prisoner? What is Power of State Government to exclude certain persons from operation of Section 267? Section 266, 267 and 268 of Code of Criminal Procedure 1973

Officer in charge of prison to abstain from carrying out order in certain contingencies,  Prisoner to be brought to Court in custody and Power to issue commission for examination of witness in prison. Section 269, 270 and 271 of Code of Criminal Procedure 1973

 

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