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Report No. 154

66. Power to try summarily: Amendment of section 260

Do you agree that sub-section (1) of section 260 be amended to make summary trial of offences specified therein mandatory and to provide that the offence of theft and other cognate offences, namely, offences under sections 379, 380, 381, 411 and 414 of the Indian Penal Code may be tried summarily where the value of the property involved does not exceed two thousand rupees instead of two hundred rupees at present? Do you suggest the amendment in the following manner:

"(a) for the words "two hundred rupees", wherever they occur, the words "two thousand rupees" shall be substituted; (b) in clause (vi), for the words "criminal intimidation", the words "criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both" shall be substituted as provided in clause 28 of the Code of Criminal Procedure (Amendment) Bill, 1994."

The Code divides offences into two major-categories-summons and warrant cases. It also provides for summary trial for all summons cases and certain other offences under section 260. The following questions arise:

(i) Can the scope of summons cases be extended to cover all cases attracting punishment upto three years instead of two years?

(ii) As a measure of simplification of procedure, should not all summons cases be tried, summarily and the limit of punishment raised to six months subject of section 259 and section 260(2)?

(iii) Can you suggest a modified summons procedure which is substantially different and simpler than warrant procedure?

The Code of Criminal Procedure, 1973 Back

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