Code of Criminal Procedure Act, 1973
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 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.