Record in summary trials
Section 263 of the Code of Criminal Procedure, 1973 deals with record in summary trials. In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely : - (a) the serial number of the case; 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely : -
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the date of the report or complaint ;
(d) the name of the complainant (if any);
(e) the name, parentage and residence of the accused;
(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii) or clause (iv) of sub-section (1) of section 260, the value of the property in respect of which the offence has been committed;
(g) the plea of the accused and his examination (if any);
(h) the finding;
(i) the sentence or other final order the date on which proceedings terminated.
Section 263, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 286 Record in summary trials 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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
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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Lalaso Rangrao Pawar vs Mahesh Annasaheb Kupade
Court's Decision & Legal Precedent
When a trial under Section 138 of the Negotiable Instruments Act is conducted as a regular criminal case rather than as a summary trial, with evidence recorded through affidavits and lengthy cross-examination rather than in the summary manner prescribed, the transfer of the magistrate does not mandate a de novo trial. The requirement for de novo trial under the Nitinbhai principle applies only when the trial has been properly conducted as a summary trial and both parties have filed pursis indicating no objection to proceeding on the basis of evidence already recorded.
On this section: Relates to procedure for recording evidence in criminal trials
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State Government vs Rachit Jain
Court's Decision & Legal Precedent
Voluntary and explicit confession of guilt by the accused, combined with evidence of illegal possession and manufacture of country liquor without valid authorization, constitutes sufficient basis for conviction under Section 34(1)(k) of the Madhya Pradesh Excise Act 1915. Probation is not an appropriate remedy for such excise violations, and imprisonment is the suitable punishment considering the nature and circumstances of the offense.
On this section: Procedural framework for summary trial and conviction in this case
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The record of this court speaks that, this case is tried as per the procedure of summons trial case. The evidence of witness is recorded separately and in exhaustive manner and not as laid down in section 263 of the Code of Criminal Procedure, 1973. Oral evidence of the complainant : 7] Then complainant has examined it's power of attorney Danish Rajput at (Exh.27) as C.W.1 and closed his evidence by pursis at (Exh.79). 8] Documentary evidence of the complainant : Complainant has relied upon documents …
Questions about Section 263
What have the courts held on Section 263 of the Code of Criminal Procedure?
Lalaso Rangrao Pawar vs Mahesh Annasaheb Kupade (06 Mar 2017) is the leading judgment on this section among those set out below: Relates to procedure for recording evidence in criminal trials. Another 1 judgment on this section is set out below. They run from 2017 to 2025.
How do I find court cases under Section 263 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 263, section 263 CRPC, section 263 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. 2 reported judgments on this section are set out on this page, beginning with Lalaso Rangrao Pawar vs Mahesh Annasaheb Kupade (06 Mar 2017).
What should I read with Section 263 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 260 (Power to try summarily), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 286 (Record in summary trials), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 263 of the Code of Criminal Procedure come into force?
Section 263 of the Code of Criminal Procedure, cited as CRPC 263, 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.