Code
(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 2[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.
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.
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.
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.
