Judgement in cases tried summarily
Section 264 of the Code of Criminal Procedure, 1973 deals with judgement in cases tried summarily. In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.
Section 264, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 287 Judgment in cases tried summarily Text carried over almost unchanged 93%
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 The repealed enactment still governs what happened while it was in force.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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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
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 264
What have the courts held on Section 264 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.
How do I find court cases under Section 264 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 264, section 264 CRPC, section 264 of the Code of Criminal Procedure. People searching for it also type 264 crpc in bnss and section 264 crpc pakistan. 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 Lalaso Rangrao Pawar vs Mahesh Annasaheb Kupade (06 Mar 2017).
What should I read with Section 264 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 287 (Judgment in cases tried summarily), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 264 of the Code of Criminal Procedure come into force?
Section 264 of the Code of Criminal Procedure, cited as CRPC 264, 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
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