Procedure for summary trials
Section 262 of the Code of Criminal Procedure, 1973 deals with procedure for summary trials. In trials under this Chapter, the procedure specified in this Code for the trial of summons-ease shall be followed except as hereinafter mentioned. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
(1) In trials under this Chapter, the procedure specified in this Code for the trial of summons-ease shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
Section 262, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 285 Procedure for summary trials Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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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Ram Nath vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
When an act or omission constitutes an offence under both the Food Safety and Standards Act, 2006 and Sections 272 and 273 of the Indian Penal Code, the provisions of the FSSA have overriding effect over the IPC provisions by virtue of Section 89 of the FSSA. Therefore, prosecution should proceed only under the FSSA, specifically Section 59, and not under the IPC provisions. The FSSA being comprehensive legislation with exhaustive substantive and procedural provisions for dealing with food safety offences, including more stringent punishments and specialized procedures, is the appropriate and exclusive remedy for food adulteration and unsafe food violations.
On this section: Summary trial procedure applicable to FSSA offences tried by Judicial Magistrates
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Ram Nath vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
When an act or omission constitutes an offence of food adulteration under both Sections 272-273 of the Indian Penal Code and Section 59 of the Food Safety and Standards Act 2006, the provisions of the FSSA shall have overriding effect by virtue of Section 89 of FSSA. Consequently, there shall be no simultaneous prosecution under both statutes; the prosecution must proceed exclusively under the FSSA framework which provides more comprehensive and stringent provisions for dealing with unsafe food offences. The IPC provisions for food adulteration are superseded by the FSSA for all food safety matters covered by the FSSA.
On this section: Summary trial procedure applicable to FSSA offences under Section 73
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Sri Debojit Das vs Sri Manoj Saraf& ORS.
Court's Decision & Legal Precedent
In proceedings under the Negotiable Instrument Act, a trial court cannot dismiss a complaint based on documents submitted by the accused without formally recording evidence and examining witnesses. Even in summary trials under Section 260 Cr.P.C., the procedure for recording evidence mandated by Section 262 Cr.P.C. must be followed. Factual allegations regarding the issuance of cheques, the existence of legally enforceable debt, and the absence of business transactions must be established through evidence, not through unexamined documents submitted with the petition. The trial court must proceed with the hearing and consider materials produced during the course of evidence before deciding the case.
On this section: Section 262 lays down the procedure for recording of evidence in summary trials. The court held that even in cases triable summarily, the provisions for recording evidence under Section 262 must be followed before dismissing a complaint.
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Jiyaul Haq Alias Jamshed vs State of U.p.
Court's Decision & Legal Precedent
In proceedings under Section 138 of the Negotiable Instruments Act, which are summary proceedings governed by Sections 262-265 of the Criminal Procedure Code, the provisions of Section 258 CrPC (which provides for stopping proceedings in certain cases and applies only to summon cases trial under Chapter XX of CrPC) are not applicable. Consequently, an accused cannot be discharged from a Section 138 NI Act proceeding merely on the ground of partial repayment of the cheque amount, as Chapter XXI of CrPC (Summary Trial) contains no provision to stop the summary trial or discharge the accused.
On this section: Provisions for summary trial; made applicable to Section 138 NI Act proceedings via Section 143 NI Act; these sections do not provide for discharge of accused
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Tanaji Dinkar Wadakar vs Veer Chaphekar Nagari Sahakari Pat Sanstha Ltd.
Court's Decision & Legal Precedent
The non-obstante clause in Section 143(1) of the Negotiable Instruments Act, 1881 confers independent jurisdiction on a Judicial Magistrate of the First Class to conduct summary trials of offences under Chapter XVII of the Act without requiring special empowerment by the High Court under Section 260(1)(c) of the Code of Criminal Procedure, 1973. The second proviso to Section 143(1) permitting conversion to warrant trial can only be invoked when it appears that imprisonment exceeding one year may be imposed or for other reasons it is undesirable to try summarily, and such order must be passed after hearing the parties and recording reasons. At the pre-trial stage, absent such circumstances, a Magistrate is justified in rejecting an application for warrant trial.
On this section: Procedural framework for summary trials applicable to NI Act cases
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 262
What have the courts held on Section 262 of the Code of Criminal Procedure?
Ram Nath vs The State of Uttar Pradesh (21 Feb 2024) is the leading judgment on this section among those set out below: Summary trial procedure applicable to FSSA offences tried by Judicial Magistrates. Another 4 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2008 to 2024.
How do I find court cases under Section 262 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 262, section 262 CRPC, section 262 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. 5 reported judgments on this section are set out on this page, beginning with Ram Nath vs The State of Uttar Pradesh (21 Feb 2024).
What should I read with Section 262 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 285 (Procedure for summary trials), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 262 of the Code of Criminal Procedure come into force?
Section 262 of the Code of Criminal Procedure, cited as CRPC 262, 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.