Section 260 CrPC: Power to try summarily
Code of Criminal Procedure, 1973
Section 260 CrPC at a Glance
Section 260 CrPC deals with power to try summarily. From 1 July 2024 it is replaced by Section 283 BNSS.
What Section 260 CrPC Says
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.
Source: Section 260, Code of Criminal Procedure, 1973
Section 260 CrPC in Simple Words
Section 260 of the Code of Criminal Procedure, 1973 deals with the power to try summarily. Notwithstanding anything contained in the Code, certain Magistrates may try the following offences in a summary way. These are a Chief Judicial Magistrate, a Metropolitan Magistrate, or a Magistrate of the first class specially empowered in this behalf by the High Court. The Magistrate may do so if the Magistrate thinks fit, and may try all or any of the following offences. Section 260(1)(i) CrPC covers offences that are not punishable with death or imprisonment for life, and not with imprisonment of more than two years. Section 260(1)(ii) CrPC covers theft under Section 379 of the Indian Penal Code, Section 380 IPC or Section 381 IPC, when the stolen property is worth no more than two thousand rupees.
Section 260(1)(iii) CrPC covers receiving or retaining stolen property under Section 411 IPC, when the property is worth no more than two thousand rupees. Section 260(1)(iv) CrPC covers assisting in the concealment or disposal of stolen property under Section 414 IPC, when that property is worth no more than two thousand rupees. Section 260(1)(v) CrPC covers offences under Section 454 IPC and Section 456 IPC. Section 260(1)(vi) CrPC covers insult with intent to provoke a breach of the peace under Section 504 IPC. It also covers criminal intimidation under Section 506 IPC when the punishment is imprisonment which may extend to two years, or fine, or both. Section 260(1)(vii) CrPC covers abetment of any offence in Section 260(1)(i) CrPC to Section 260(1)(vi) CrPC.
Section 260(1)(viii) CrPC covers an attempt to commit any of those offences, when such attempt is itself an offence. Section 260(1)(ix) CrPC covers any offence made up of an act for which a complaint may be made under section 20 of the Cattle-trespass Act, 1871. Section 260(2) CrPC applies when, during a summary trial, the Magistrate finds that the case is of a nature that makes a summary trial undesirable. The Magistrate shall then recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the Code.
When Section 260 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 260 CrPC
When Section 260 CrPC Does Not Apply
- Section 260 CrPC speaks of the power to try offences in a summary way. It does not deal with summary trial by a Magistrate of the second class, which is the subject of Section 261 CrPC.
- Section 260 CrPC speaks of which Magistrates may try offences in a summary way and which offences. It does not deal with procedure for summary trials, which is the subject of Section 262 CrPC.
Section 260 CrPC Under BNSS 283: What Changed
Section 260 CrPC is now covered under Section 283 BNSS.
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.
View detailed comparison (CrPC 260 vs BNSS 283) →FAQs on Section 260 CrPC
Which Magistrates may try offences in a summary way under Section 260 CrPC?▼
Under Section 260(1) CrPC, any Chief Judicial Magistrate, any Metropolitan Magistrate, and any 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.
What value of property applies to theft and stolen property offences under Section 260(1) CrPC?▼
Under Section 260(1)(ii) CrPC, Section 260(1)(iii) CrPC and Section 260(1)(iv) CrPC, the value of the property stolen, or of the property, or of such property, does not exceed two thousand rupees. These items cover theft under Section 379 of the Indian Penal Code, Section 380 of the Indian Penal Code or Section 381 of the Indian Penal Code, receiving or retaining stolen property under Section 411 of the Indian Penal Code, and assisting in the concealment or disposal of stolen property under Section 414 of the Indian Penal Code.
What shall the Magistrate do under Section 260(2) CrPC if it is undesirable to try a case summarily?▼
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.
Where is Section 260 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 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.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·