Chapter XXI
Section 262 CrPC: Procedure for summary trials
New Law Update (2024)
Section 281 BNSS
TRIAL COURT
Magistrate's Court (CJM/MM/JMFC)
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) In trials under this Chapter, the procedure specified in this Code for the trial of summons cases 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.
Important Sub-Sections Explained
Section 262(1)
This sub-section mandates that summary trials must follow the same procedure as trials for summons cases, ensuring a simplified yet fair legal process for minor offenses.
Section 262(2)
This sub-section imposes a strict cap on punishment, stating that no summary trial conviction can result in an imprisonment term exceeding three months, thereby limiting its application to less severe crimes.
Landmark Judgements
Nand Kishore v. State of Bihar (1987):
The Supreme Court, while discussing the overall scheme of summary trials, affirmed the principles governing them. It emphasized that summary trials are meant for expeditious disposal of less serious cases, and therefore, strict adherence to the prescribed procedures and sentence limitations under Section 262 is mandatory.
Mohd. Ali v. State of U.P. (2001):
The Allahabad High Court reiterated that for a valid summary trial, the complete procedure of summons cases, as mandated by Section 262(1), must be meticulously observed. Furthermore, the Court underscored the mandatory nature of the three-month imprisonment limit specified in Section 262(2), affirming that this cap must be strictly adhered to.