Section 260 CrPC: Summary Trial Power in India’s Code of Criminal Procedure
1. Code
Section 260 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of a Magistrate to conduct a summary trial.
2. Explanation
Section 260 CrPC empowers a Magistrate of the First Class to conduct a summary trial for certain offenses, without the need for a full-fledged trial. This section aims to provide a quicker and less formal procedure for resolving minor offenses, reducing the burden on the judicial system.
The following conditions must be met for a summary trial:
- The offense must be one listed in the First Schedule of the CrPC.
- The accused must consent to a summary trial.
- The Magistrate must be satisfied that the offense is not serious and that a summary trial is appropriate.
3. Illustration
Suppose a person is accused of stealing a mobile phone, an offense under Section 379 of the Indian Penal Code (IPC). If the value of the stolen phone is less than ₹1000, the Magistrate can, if the accused consents, conduct a summary trial without a lengthy formal procedure.
4. Common Question and Answers
- Q: What are the offenses that can be tried summarily under Section 260?A: The offenses listed in the First Schedule of the CrPC can be tried summarily under Section 260. The schedule includes offenses like theft, assault, mischief, and other minor offenses.
- Q: Is the consent of the accused mandatory for a summary trial?A: Yes, the consent of the accused is mandatory for a summary trial under Section 260. The Magistrate cannot proceed with a summary trial without the accused’s consent.
- Q: What are the advantages of a summary trial?A: A summary trial is generally faster and less formal than a regular trial. It reduces the burden on the judicial system and helps resolve minor offenses quickly.
