Section 262 CrPC: Procedure for summary trials
Code of Criminal Procedure, 1973
Section 262 CrPC at a Glance
Section 262 CrPC deals with procedure for summary trials. From 1 July 2024 it is replaced by Section 285 BNSS.
What Section 262 CrPC Says
262. Procedure for summary trials
(1) In trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
Source: Section 262, Code of Criminal Procedure, 1973
Section 262 CrPC in Simple Words
Section 262 of the Code of Criminal Procedure, 1973 deals with the procedure for summary trials. In trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned. No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
When Section 262 CrPC Applies
- Section 262(1) CrPC applies in trials under this Chapter.
- The procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
Time Limits Under Section 262 CrPC
- Under Section 262(2) CrPC no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.Act text: “No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter”
Example of Section 262 CrPC
When Section 262 CrPC Does Not Apply
- Section 262(1) CrPC speaks of the procedure for the trial of summons-case followed in trials under this Chapter. It does not deal with the record of evidence and the judgment in a case tried summarily where the accused does not plead guilty, which Section 264 CrPC covers under the heading Judgment in cases tried summarily.
- Section 262(2) CrPC speaks of a sentence of imprisonment on conviction. It does not deal with the language in which the record and judgment are written, which Section 265 CrPC covers under the heading Language of record and judgment.
Section 262 CrPC Under BNSS 285: What Changed
Section 262 CrPC is now covered under Section 285 BNSS.
Section 262 of the Code of Criminal Procedure, 1973 is found in Section 285 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 285(1) BNSS reads this Sanhita where Section 262(1) CrPC read this Code. The rest of the text is the same, including the sentence of imprisonment for a term exceeding three months in sub-section 2.
View detailed comparison (CrPC 262 vs BNSS 285) →FAQs on Section 262 CrPC
Which procedure is followed in trials under Section 262 CrPC?▼
Under Section 262 of the Code of Criminal Procedure, 1973, in trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
Is there a limit on the sentence of imprisonment under Section 262 CrPC?▼
Yes. Section 262(2) CrPC says no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
Where is Section 262 CrPC found in the BNSS from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 262(1) CrPC is found in Section 285(1) BNSS and Section 262(2) CrPC in Section 285(2) BNSS. Both carry the heading Procedure for summary trials.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·