Power to try summarily

Repealed Act 2 of 1974 As on 17 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974 Cited by 3 provisions

This is a second copy of a Central Act. India Code files it on Rajasthan's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 260 of Crpc 1973 deals with power to try summarily. Notwithstanding anything contained in this Code- (a) any Chief Judicial Magistrate;

(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 thousand rupees];
(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where 1. Subs. by Act 25 of 2005, s. 23, for "two hundred rupees" (w.e.f. 23-6-2006). the value of the property does not exceed "[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 "[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 1[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. deM
Section 260, Crpc 1973 (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Referred to by 3

Questions about Section 260

What does Section 260 of the Crpc 1973 deal with?

Section 260 of the Crpc 1973 is headed "Power to try summarily". Notwithstanding anything contained in this Code- (a) any Chief Judicial Magistrate;

How do I find court cases under Section 260 of the Crpc 1973?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 1973 260, section 260 CRPC 1973, section 260 of the Crpc 1973. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 260 of the Crpc 1973, and has it changed?

Its own text turns on Cattle-Trespass Act 20 (Power to make complaints), section 379 (Appeal against conviction by High Court in certain cases), section 380 (Special right of appeal in certain cases), Indian Penal Code 381 (Theft by clerk or servant of property in possession of master), and on 5 further provisions, so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.

When was the Crpc 1973 enacted?

Crpc 1973 was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

484. Repeal and savings27268 words
167. Procedure when investigation cannot be completed in twenty-four hours3284 words
357. Order to pay compensation1662 words
320. Compounding of offences1525 words
23. Subordination of Executive Magistrates1427 words
197. Prosecution of Judges and public servants1384 words

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/d6704d19-8614-4131-9317-7b9b9809d0c5.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/e65f6054-803f-42a5-9f41-bd7fbeabcb51/content). This page is not a substitute for legal advice.