Power to try summarily
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Summary
Certain magistrates (Chief Judicial, Metropolitan, or a first-class magistrate specially empowered by the High Court) may try specified minor offences summarily. These cover offences not punishable by death, life, or imprisonment over two years; petty theft or receiving stolen goods up to Rs 200; house-trespass/housebreaking; insults provoking breach of peace; criminal intimidation up to two years; their abetment or attempt; and complaints under the Cattle-Trespass Act. If the magistrate finds summary trial unsuitable, he must recall witnesses and proceed by ordinary trial under the Code.
Example
Ravi is accused of shoplifting goods worth Rs 150. A Chief Judicial Magistrate may try the case summarily, so the hearing will be faster and simpler. If during the summary trial the magistrate thinks the matter is unsuitable for summary disposal, he will recall witnesses and convert it into an ordinary trial under the Code.
Bare Act
Enacted text(1) Notwithstanding anything contained in this Code-
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(a) any Chief Judicial Magistrate;
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(b) any Metropolitan Magistrate;
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(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 punishable with imprisonment 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.
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