In a case tried summarily by a Metropolitan Magistrate, a sentence of six months imprisonment for the accused is passed by him. Is the sentence of imprisonment legal?

Question: In a case tried summarily by a Metropolitan Magistrate, a sentence of six months imprisonment for the accused is passed by him. Is the sentence of imprisonment legal?

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Answer

Section 261 (Chapter XXI) of the Code of Criminal Procedure bestows power to any Chief Judicial Magistrate, Metropolitan Magistrate, and Magistrate of the first class empowered by the High Court to try those offences summarily which are not punishable with death, imprisonment for life or imprisonment for more than two years.

Further, procedures for summary trials have been provided under Section 262 of the Code of Criminal Procedure Code, 1973. The exception in summary trials is, that a sentence exceeding the duration of three months cannot be passed in case of conviction under this Chapter.

So, now referring to Section 262 of the Code of Criminal Procedure for the present case and in this context, the sentence passed by the Metropolitan Magistrate for the conviction of the accused of the term of six months imprisonment is not valid and therefore will be considered as illegal.

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