Can a Chief Judicial Magistrate try a case summarily in which the punishment of imprisonment is one year?

Question: Can a Chief Judicial Magistrate try a case summarily in which the punishment of imprisonment is one year?

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Answer

Section 260 in the Code of Criminal Procedure, 1973 lays down the provision regarding the power to try summarily. The section runs as under:

(1) Notwithstanding anything contained in this Code-

• any Chief Judicial Magistrate;
• any Metropolitan Magistrate;
• any Magistrate of the first class specially empowered on this behalf by the High Court, may, if he thinks fit, try in a summary way all or any of the following offences:-
• offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
• theft, under section 379, section 380 or section 381 of the India Penal Code (45 of 1860 ), where the value of the property stolen does not exceed two hundred rupees;
• receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where the value of the property does not exceed two hundred rupees;
• assisting in the concealment or disposal of stolen property under section 414 of the Indian Panel Code (45 of 1860 ), where the value of such property does not exceed two hundred rupees;
• offences under sections 454 and 456 of the Indian Penal Code (45 of 1860 );
• insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, under section 506 of the Indian Penal Code (45 of 1860);
• abetment of any of the foregoing offences;
• an attempt to commit any of the foregoing offences, when such attempt is an offence;
• any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-Trespass Act, 1871 (1 of 1871 ).

The bare reading of the provision contained in section 260 of CrPC clearly specifies that any Chief Judicial Magistrate is empowered to try a case summarily, where the offence is not punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. In the present case, the punishment is of one year which is very well within the jurisdiction of the Chief Judicial Magistrate to try the case.

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