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Reading: Section 260 CrPC: Summary Trial Power in India’s Code of Criminal Procedure
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ApniLaw > Blog > Bare Act > CrPC > Section 260 CrPC: Summary Trial Power in India’s Code of Criminal Procedure
CrPC

Section 260 CrPC: Summary Trial Power in India’s Code of Criminal Procedure

Apni Law
Last updated: May 27, 2024 9:52 pm
Apni Law
1 year ago
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Section 260 CrPC: Summary Trial Power in India’s Code of Criminal Procedure

Contents
1. Code2. Explanation3. Illustration4. Common Question and Answers

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.

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TAGGED:Court ProcedureCriminal LawCriminal ProcedureIndiaIndian Criminal Procedure CodeJudicial ProcessLawLegalSection 260 CrPCSummary TrialTrial Procedure
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