Power of court to try cases summarily
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all
offences not triable by a Special Court, shall be tried in a summary way by a Judicial
Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections
262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such a trial:
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the
Magistrate to pass a sentence of imprisonment for a term not exceeding one year
Provided further that when at the commencement of, or in the course of, a summary trial under this section,
it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term
exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case
summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter
recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided
by the said Code.
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