Section 260 CrPC: Power to Try Summarily and Section 283 BNSS
Section 260 of the Code of Criminal Procedure, 1973 governed which Magistrates could use a simplified criminal trial procedure for specified offences. The corresponding law under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 283 BNSS.
What is a summary trial?
A summary trial is a streamlined procedure for disposing of qualifying criminal cases, with an abbreviated record and safeguards for the accused. It is not an automatic conviction or a waiver of the requirement to prove guilt. Under Sections 283 to 288 BNSS, the Magistrate follows the summons-case procedure subject to the special rules for summary trials.
Section 260 CrPC - statutory provisions
Section 260(1) CrPC: Notwithstanding anything contained in this Code, (a) any Chief Judicial Magistrate; (b) any Metropolitan Magistrate; and (c) any Magistrate of the first class specially empowered in 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 IPC sections 379, 380 or 381 where the value of the stolen property does not exceed Rs. 2,000.
- Receiving or retaining stolen property under IPC section 411 where the property value does not exceed Rs. 2,000.
- Assisting concealment or disposal of stolen property under IPC section 414 where the property value does not exceed Rs. 2,000.
- Offences under IPC sections 454 and 456.
- Insult intended to provoke breach of peace under IPC section 504, and criminal intimidation punishable with imprisonment up to two years, or fine, or both, under IPC section 506.
- Abetment of any of the foregoing offences.
- An attempt to commit any of the foregoing offences, where the 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.
Section 260(2) CrPC: When, in the course of a summary trial, it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the Code.
Legislative notes: Act 25 of 2005, section 23, substituted "two thousand rupees" for "two hundred rupees" and revised the description of criminal intimidation, with effect from 23 June 2006.
Section 283 BNSS - present law explained
Section 283(1): A Chief Judicial Magistrate or Magistrate of the first class shall try in a summary way the specified offences listed in the provision. The statutory categories include:
- Theft under BNS Section 303(2), 305 or 306, where the stolen property value does not exceed Rs. 20,000.
- Receiving or retaining stolen property under BNS Section 317(2), where the property value does not exceed Rs. 20,000.
- Assisting concealment or disposal of stolen property under BNS Section 317(5), where the property value does not exceed Rs. 20,000.
- Offences under BNS Section 331(2) and (3).
- Insult intended to provoke a breach of peace under BNS Section 352 and criminal intimidation under BNS Section 351(2) and (3).
- Abetment and punishable attempts of the listed offences.
- Acts for which a complaint may be made under Section 20 of the Cattle-trespass Act, 1871.
Section 283(2): For other offences not punishable with death, imprisonment for life, or imprisonment exceeding three years, the Magistrate may order summary trial after giving the accused a reasonable opportunity of being heard and recording reasons in writing. The statute bars an appeal against the decision to use summary procedure under this subsection; this does not by itself eliminate any otherwise available remedy against the final judgment.
Section 283(3): If summary trial becomes undesirable due to the nature of the case, the Magistrate must recall previously examined witnesses and rehear the case using the applicable ordinary procedure.
Key differences between CrPC 260 and BNSS 283
| Issue | Section 260 CrPC | Section 283 BNSS |
|---|---|---|
| Magistrates | Chief Judicial Magistrate, Metropolitan Magistrate, or specially empowered first-class Magistrate | Chief Judicial Magistrate or first-class Magistrate |
| Specified categories | Summary trial at Magistrate's discretion | Uses mandatory "shall" for offences listed in subsection (1) |
| Specified property-value ceiling | Rs. 2,000 | Rs. 20,000 |
| General offence category | Offences with punishment not exceeding two years included in Section 260(1) | Section 283(2) permits certain offences punishable up to three years, subject to hearing and recorded reasons |
| Unsuitable summary trial | Recall witnesses and rehear under Section 260(2) | Recall witnesses and rehear under Section 283(3) |
How does a summary trial proceed?
- Identify jurisdiction: Check whether the Magistrate is competent and whether the alleged offence qualifies under Section 283.
- Apply the correct route: Distinguish the specified offences under Section 283(1) from the discretionary route in Section 283(2).
- Conduct the hearing: Follow summons-case procedure as modified by Section 285 BNSS, including the accused's opportunity to contest the allegations.
- Record the case: Keep the prescribed summary record under Section 286 and, where required, the substance of evidence and brief reasons under Section 287.
- Apply the sentencing ceiling: Under Section 285(2), imprisonment following conviction in a summary trial under this Chapter cannot exceed three months.
- Switch procedure if necessary: Recall witnesses and rehear the matter when Section 283(3) applies.
Related legal provisions
Read BNSS Sections 283 to 288 for summary trials, Section 531 for repeal and savings, and the India Code portal for the official Acts and amendments. For comparison, see the Bureau of Police Research and Development BNSS reference.
Frequently asked questions
What is Section 260 CrPC?
Section 260 of the Code of Criminal Procedure, 1973 authorised specified Magistrates to try certain offences summarily, subject to the statutory limits and the ability to switch to an ordinary trial.
Which provision replaces Section 260 CrPC?
Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the corresponding provision for summary trials from 1 July 2024, subject to savings for pending proceedings.
What is the property-value threshold under Section 283 BNSS?
For the specified theft and stolen-property offences under Section 283(1)(i) to (iii), the property value must not exceed Rs. 20,000, compared with Rs. 2,000 under the corresponding provisions of Section 260 CrPC.
Can an offence punishable with up to three years be tried summarily?
Under Section 283(2) BNSS, a Magistrate may do so after giving the accused a reasonable opportunity of being heard and recording reasons in writing, provided the offence is not punishable with death, life imprisonment, or imprisonment exceeding three years.
Can the Magistrate change a summary trial into a regular trial?
Yes. Section 283(3) BNSS requires recall of examined witnesses and rehearing in the prescribed manner when summary trial is undesirable.
What is the maximum sentence in a summary trial?
Section 285(2) BNSS restricts imprisonment on conviction in a summary trial under this Chapter to three months, although the offence may otherwise carry a higher maximum penalty.
This article explains the statutory framework for general information. The applicable law depends on the date and procedural status of the case, any special statute, and the facts before the court.