Section 261 CrPC: Summary trial by Magistrate of the second class

Code of Criminal Procedure, 1973

Section 261 CrPC at a Glance

Section 261 CrPC deals with summary trial by Magistrate of the second class. From 1 July 2024 it is replaced by Section 284 BNSS.

Now BNSS

Section 284 →

What Section 261 CrPC Says

261. Summary trial by Magistrate of the second class

The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.

Source: Section 261, Code of Criminal Procedure, 1973

Section 261 CrPC in Simple Words

Section 261 of the Code of Criminal Procedure, 1973 speaks of the High Court conferring a power on any Magistrate invested with the powers of a Magistrate of the second class.

The power is to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine.

The power is also to try summarily any abetment of or attempt to commit any such offence.

When Section 261 CrPC Applies

  • The High Court may confer the power on any Magistrate invested with the powers of a Magistrate of the second class.
  • The power is to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine.
  • The power is also to try summarily any abetment of or attempt to commit any such offence.

Example of Section 261 CrPC

The High Court confers on Meera, a Magistrate invested with the powers of a Magistrate of the second class, power to try summarily under Section 261 CrPC. Vikram is accused of an offence which is punishable only with fine. Meera may try the case against Vikram summarily. Farhan is accused of an attempt to commit that offence, and the power also extends to the attempt.

When Section 261 CrPC Does Not Apply

  • Section 261 CrPC speaks of a Magistrate invested with the powers of a Magistrate of the second class. It does not deal with the Chief Judicial Magistrate, a Metropolitan Magistrate or a Magistrate of the first class specially empowered by the High Court, who are the subject of Section 260 CrPC.
  • Section 261 CrPC speaks of the power to try summarily. It does not deal with the procedure for summary trials, which is the subject of Section 262 CrPC.

Section 261 CrPC Under BNSS 284: What Changed

Section 261 CrPC is now covered under Section 284 BNSS.

Section 261 CrPC is found in Section 284 BNSS from 1 July 2024. The text is the same.

View detailed comparison (CrPC 261 vs BNSS 284) →

FAQs on Section 261 CrPC

On whom may the High Court confer power under Section 261 CrPC?▼

The High Court may confer power to try summarily on any Magistrate invested with the powers of a Magistrate of the second class.

Which offences may be tried summarily under Section 261 CrPC?▼

Any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine.

Does Section 261 CrPC speak of abetment and attempt?▼

Yes. The power is to try summarily any offence of the kind described, and any abetment of or attempt to commit any such offence.

Where is Section 261 CrPC found in the BNSS from 1 July 2024?▼

Section 261 CrPC has no sub-sections, and maps as a whole to Section 284 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·