Section 264 CrPC: Judgment in cases tried summarily

Code of Criminal Procedure, 1973

Section 264 CrPC at a Glance

Section 264 CrPC deals with judgment in cases tried summarily. From 1 July 2024 it is replaced by Section 287 BNSS.

Now BNSS

Section 287 →

What Section 264 CrPC Says

264. Judgment in cases tried summarily

In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

Source: Section 264, Code of Criminal Procedure, 1973

Section 264 CrPC in Simple Words

Section 264 of the Code of Criminal Procedure, 1973 deals with the judgment in every case tried summarily in which the accused does not plead guilty. The Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

When Section 264 CrPC Applies

  • Section 264 CrPC applies in every case tried summarily in which the accused does not plead guilty.
  • The Magistrate shall record the substance of the evidence.
  • The Magistrate shall also record a judgment containing a brief statement of the reasons for the finding.

Example of Section 264 CrPC

Magistrate Priya tries a case against Ramesh summarily, and Ramesh does not plead guilty. Magistrate Priya records the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

When Section 264 CrPC Does Not Apply

  • Section 264 CrPC speaks of a case tried summarily in which the accused does not plead guilty. It does not deal with an accused who pleads guilty, which Section 252 CrPC covers under the heading Conviction on plea of guilty.
  • Section 264 CrPC speaks of the substance of the evidence and a brief statement of the reasons for the finding. 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 264 CrPC Under BNSS 287: What Changed

Section 264 CrPC is now covered under Section 287 BNSS.

Section 264 of the Code of Criminal Procedure, 1973 is found in Section 287 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Both carry the heading Judgment in cases tried summarily and the same text.

View detailed comparison (CrPC 264 vs BNSS 287) →

FAQs on Section 264 CrPC

When does Section 264 CrPC apply?▼

Section 264 of the Code of Criminal Procedure, 1973 applies in every case tried summarily in which the accused does not plead guilty.

What must the Magistrate record under Section 264 CrPC?▼

The Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

Where is Section 264 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 264 CrPC has no sub-sections, and maps as a whole to Section 287 BNSS. Both carry the heading Judgment in cases tried summarily.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·