Summary trial by magistrate of the second class
Section 261 of the Code of Criminal Procedure, 1973 deals with summary trial by magistrate of the second class. The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any s The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.
Section 261, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 284 Summary trial by Magistrate of second class Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ambati Vijay Bhaskar vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
When a Food Inspector, acting as a Gazetted Officer, follows proper procedure in purchasing, sealing, and transporting food samples, and the Public Analyst's report conclusively establishes that the food is adulterated and does not conform to prescribed standards, the conviction for selling adulterated food under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 is sustainable. Procedural defects in trial procedure, such as failure to conduct a summary trial as mandated by Section 16(a) of the PFA Act, are curable under Section 465 CrPC if no prejudice is caused to the accused. Delay in requesting re-analysis of food samples does not deprive the accused of the right to challenge the original analysis, but the question of losing valuable rights does not arise when the application for re-analysis is made with substantial delay.
On this section: Procedure when presiding officer changes during trial - accused argued that change of magistrate required de-novo trial
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 261
What have the courts held on Section 261 of the Code of Criminal Procedure?
Ambati Vijay Bhaskar vs The State of Andhra Pradesh (11 Mar 2015) is the leading judgment on this section among those set out below: Procedure when presiding officer changes during trial - accused argued that change of magistrate required de-novo trial.
How do I find court cases under Section 261 of the Code of Criminal Procedure?
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 261, section 261 CRPC, section 261 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ambati Vijay Bhaskar vs The State of Andhra Pradesh (11 Mar 2015).
What should I read with Section 261 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 284 (Summary trial by Magistrate of second class), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 261 of the Code of Criminal Procedure come into force?
Section 261 of the Code of Criminal Procedure, cited as CRPC 261, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.