CrPC 260→BNSS 283

CrPC 260 to BNSS 283: Power to try summarily

Section 260 CrPC (1973) replaced by Section 283 BNSS (2023)

View CrPC Section 260 →View BNSS Section 283 →

CrPC 260 to BNSS 283 at a Glance

Section 260 CrPC (Power to try summarily) is now Section 283 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 260 to BNSS 283?

From 1 July 2024, Section 260 of the Code of Criminal Procedure, 1973 is replaced by Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same. Section 283(1) BNSS lists a Chief Judicial Magistrate and a Magistrate of the first class and reads shall try in a summary way, where Section 260(1) CrPC listed a Chief Judicial Magistrate, a Metropolitan Magistrate and a Magistrate of the first class specially empowered in this behalf by the High Court and read may, if he thinks fit, try in a summary way. Section 283(1) BNSS has no counterpart to Section 260(1)(i) CrPC. Section 283(1) BNSS reads twenty thousand rupees where Section 260(1) CrPC read two thousand rupees, and cites the Bharatiya Nyaya Sanhita, 2023 where Section 260(1) CrPC cited the Indian Penal Code. Section 283(1) BNSS reads this Sanhita where Section 260(1) CrPC read this Code. Section 283(2) BNSS and its proviso have no counterpart in Section 260 CrPC. Section 283(3) BNSS reads the Sanhita where Section 260(2) CrPC read the Code.

CrPC 260 vs BNSS 283: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section260283
HeadingPower to try summarilySame
Sub-sections2 sub-sections3 sub-sections

CrPC 260 and BNSS 283: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 260, CrPC 1973

260. Power to try summarily.—(1) Notwithstanding anything contained in this Code— (a) any Chief Judicial Magistrate; (b) any Metropolitan Magistrate; (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:— (i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years; (ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where the value of the property stolen does not exceed two thousand rupees; (iii) 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 thousand rupees; (iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code (45 of 1860), where the value of such property does not exceed two thousand rupees; (v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860); (vi) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both, under section 506 of the Indian Penal Code (45 of 1860); (vii) abetment of any of the foregoing offences; (viii) an attempt to commit any of the foregoing offences, when such attempt is an offence; (ix) 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). (2) 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 this Code.
BNSS 2023 (in force)

Section 283, BNSS 2023

283. Power to try summarily.—(1) Notwithstanding anything contained in this Sanhita— (a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try in a summary way all or any of the following offences:— (i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees; (ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees; (iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees; (iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023; (v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023; (vi) abetment of any of the foregoing offences; (vii) an attempt to commit any of the foregoing offences, when such attempt is an offence; (viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871. (2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years: Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section. (3) 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 this Sanhita.

When It Applies: CrPC 260 vs BNSS 283

Under CrPC 260
  1. Under Section 260(1) CrPC, a Chief Judicial Magistrate, a Metropolitan Magistrate, or a Magistrate of the first class specially empowered in this behalf by the High Court may, if the Magistrate thinks fit, try in a summary way all or any of the offences listed in Section 260(1) CrPC.
  2. Under Section 260(1)(i) CrPC, the offences include offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
  3. Under Section 260(1)(ii) CrPC, the offences include theft under Section 379 of the Indian Penal Code, Section 380 of the Indian Penal Code or Section 381 of the Indian Penal Code, where the value of the property stolen does not exceed two thousand rupees.
  4. Under Section 260(1)(iii) CrPC, the offences include receiving or retaining stolen property under Section 411 of the Indian Penal Code, where the value of the property does not exceed two thousand rupees.
  5. Under Section 260(1)(iv) CrPC, the offences include assisting in the concealment or disposal of stolen property under Section 414 of the Indian Penal Code, where the value of such property does not exceed two thousand rupees.
  6. Under Section 260(1)(v) CrPC, the offences include offences under Section 454 of the Indian Penal Code and Section 456 of the Indian Penal Code.
  7. Under Section 260(1)(vi) CrPC, the offences include insult with intent to provoke a breach of the peace under Section 504 of the Indian Penal Code, and criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both, under Section 506 of the Indian Penal Code.
  8. Under Section 260(1)(vii) CrPC and Section 260(1)(viii) CrPC, the offences include abetment of any of the foregoing offences, and an attempt to commit any of the foregoing offences, when such attempt is an offence.
  9. Under Section 260(1)(ix) CrPC, the offences include any offence constituted by an act in respect of which a complaint may be made under Section 20 of the Cattle-trespass Act, 1871.
  10. Under 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.
Under BNSS 283
  1. Under Section 283(1) BNSS, any Chief Judicial Magistrate and a Magistrate of the first class shall try in a summary way all or any of the offences listed in Section 283(1) BNSS.
  2. Under Section 283(1)(i) BNSS, the offences include theft under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, Section 305 of the Bharatiya Nyaya Sanhita, 2023 or Section 306 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property stolen does not exceed twenty thousand rupees.
  3. Under Section 283(1)(ii) BNSS, the offences include receiving or retaining stolen property under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees.
  4. Under Section 283(1)(iii) BNSS, the offences include assisting in the concealment or disposal of stolen property under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees.
  5. Under Section 283(1)(iv) BNSS, the offences include offences under Section 331(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 331(3) of the Bharatiya Nyaya Sanhita, 2023.
  6. Under Section 283(1)(v) BNSS, the offences include insult with intent to provoke a breach of the peace under Section 352 of the Bharatiya Nyaya Sanhita, 2023, and criminal intimidation under Section 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 351(3) of the Bharatiya Nyaya Sanhita, 2023.
  7. Under Section 283(1)(vi) BNSS and Section 283(1)(vii) BNSS, the offences include abetment of any of the foregoing offences, and an attempt to commit any of the foregoing offences, when such attempt is an offence.
  8. Under Section 283(1)(viii) BNSS, the offences include any offence constituted by an act in respect of which a complaint may be made under Section 20 of the Cattle-trespass Act, 1871.
  9. Under Section 283(2) BNSS, the Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years.
  10. Under the proviso to Section 283(2) BNSS, no appeal shall lie against the decision of a Magistrate to try a case in a summary way under Section 283(2) BNSS.
  11. Under Section 283(3) BNSS, 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 Sanhita.

What CrPC 260 to BNSS 283 Means in Practice

Section 260(1) CrPC has the Magistrate try the listed offences in a summary way if the Magistrate thinks fit. Section 283(1) BNSS reads shall try in a summary way. Section 283(2) BNSS adds a power to try in a summary way offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years, after giving the accused a reasonable opportunity of being heard and for reasons to be recorded in writing, and its proviso provides that no appeal shall lie against that decision.

FAQs: CrPC 260 to BNSS 283

Which provision replaces Section 260 CrPC from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 260(1) CrPC is found in Section 283(1) BNSS and Section 260(2) CrPC is found in Section 283(3) BNSS. The heading is the same, Power to try summarily. Section 283(2) BNSS has no counterpart in Section 260 CrPC.

Which Magistrates are named in Section 283(1) BNSS compared with Section 260(1) CrPC?▼

Section 283(1) BNSS names any Chief Judicial Magistrate and a Magistrate of the first class. Section 260(1) CrPC named any Chief Judicial Magistrate, any Metropolitan Magistrate and any Magistrate of the first class specially empowered in this behalf by the High Court.

How does the property value in Section 283(1) BNSS compare with Section 260(1) CrPC?▼

Section 283(1) BNSS reads that the value of the property stolen, or of the property, or of such property, does not exceed twenty thousand rupees. Section 260(1) CrPC read two thousand rupees in the same places.

What is Section 283(2) BNSS?▼

Section 283(2) BNSS reads that the Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years. Its proviso reads that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under Section 283(2) BNSS. Section 260 CrPC has no counterpart to Section 283(2) BNSS.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·