CRPC §260 → BNSS §283
Power to try summarily
Jump to section
Comparison
260. Power to try summarily.—(1) 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 following offences:— (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 1[two thousand rupees]; (iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where 1. Subs. by Act 25 of 2005, s. 23, for “two hundred rupees” (w.e.f. 23-6-2006). the value of the property does not exceed 1[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 1[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 1[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).
(2) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Code.
283.
(1) Notwithstanding anything contained in this Sanhita— (a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try in a summary way all or any of the following offences:— (i) theft, under sub-section
(2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees; (ii) receiving or retaining stolen property, under sub-section
(2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees; (iii) assisting in the concealment or disposal of stolen property under sub-section
(5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees; (iv) offences under sub-sections
(2) and
(3) of section 331 of the Bharatiya Nyaya Sanhita, 2023; (v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections
(2) and
(3) of section 351 of the Bharatiya Nyaya Sanhita, 2023; (vi) abetment of any of the foregoing offences; (vii) an attempt to commit any of the foregoing offences, when such attempt is an offence; (viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.
(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years: Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section.
(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita. Power to stop proceedings in certain cases. Power of Court to convert summons- cases into warrant-cases. Power to try summarily.
What changedAI-inferred
Power to try summarily — BNSS 283 expands summary trial threshold to offences punishable with up to 3-year imprisonment.
Old position
CrPC 260 is concerned with Power to try summarily. Power to try summarily
New position
BNSS 283 modifies the framework. Topic: (a) any Chief Judicial Magistrate; 1 of 1871.. Notwithstanding anything contained in this Sanhita
BNSS 283 modifies CrPC 260. Power to try summarily — BNSS 283 expands summary trial threshold to offences punishable with up to 3-year imprisonment. BNSS 283 text: Notwithstanding anything contained in this Sanhita— (a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try...
Editorial deltaAI-indicated (source-linked)
BNSS 283 carries forward CrPC 260's summary-trial framework with several visible operative changes. The discretionary 'may, if he thinks fit, try in a summary way' is converted to mandatory 'shall try in a summary way' for the listed categories. The list of empowered magistrates is narrowed: 'any Metropolitan Magistrate' is dropped, and the 'specially empowered in this behalf by the High Court' qualification on first-class Magistrates is removed. The offence list is remapped: theft cross-references are updated from IPC ss.379, 380, 381 to BNS ss.303(2), 305, 306; the stolen-property cross-reference is updated to BNS s.317(2); the monetary cap is raised from two thousand to twenty thousand rupees. Further sub-clauses are not in this extract.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 260 continues to apply. For matters from that date forward, BNSS 283 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 283 ((a) any Chief Judicial Magistrate; 1 of 1871.). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §260 → BNSS §283 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/260.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.