Who has the power of summary trial of a case?

Option A: Chief Judicial Magistrate

Option B: Metropolitan Magistrate

Option C: Any Magistrate of first class specially empowered by the High Court

Option D: All of these

Correct Answer

Option: d

Explanation

Section 260 of the Code of Criminal Procedure, 1973 under Chapter XXI Summary Trials deals with Power to try summarily It provides that-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 offences mentioned therein. A summary trial is a type of trial in which matters are resolved quickly, the procedure is shortened, and the proceedings are recorded quickly. Small offenses are tried in summary trials alone, and complicated cases are reserved for summons or warrant trials. Sections 260-265 of the Code of Criminal Procedure contain legal provisions for summary trials. Cases that can be tried summarily: – (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 imprisionment 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).

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THE INDIAN CONTRACT ACT, 1872 (PAPER – 07 Q. NO. 211 TO 245)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 01 Q. NO. 1 TO 35)

THE HIMACHAL PRADESH COURTS ACT, 1976 (PAPER 01 Q. NO. 1 TO 23)

THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 02 Q. NO. 31 TO 49)

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THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 12 Q. NO. 441 TO 480)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 03 Q.NO. 81 TO 120)

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