Code of Criminal Procedure, 1973

Section 262

Procedure for summary trials

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⚡ Quick Answer Reference: Section 262 CrPC

Provision: Section 262 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India
Summary: This section outlines the procedure for summary trials, following the same procedure as for summons-cases, with the exception that no imprisonment exceeding three months can be sentenced.

Statutory Content

What does Section 262 of CrPC say?

In trial under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned. No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

Indian StandardSection 262, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 262 (India)

Court Pleading StandardSection 262 of the Code of Criminal Procedure, 1973

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 262 of CrPC mean?

Plain English Explanation

This section outlines the procedure for summary trials, following the same procedure as for summons-cases, with the exception that no imprisonment exceeding three months can be sentenced.

Practical Interpretation

In practice, this means that for trials under this chapter, the court will generally follow the same steps as for less serious offenses, but with a limit on the severity of the sentence that can be imposed.

Core Legal Purpose

The core purpose is to ensure that summary trials are conducted efficiently while protecting the rights of the accused by limiting the potential sentence.

Key Legal Elements

•The trial is conducted under this chapter.
•The procedure for summons-cases is followed.
•The sentence of imprisonment cannot exceed three months.
•The exception to the general rule for summons-cases is the limitation on the sentence.

Practical Example

Practical Example of Section 262 CrPC

For example, if Rajesh is charged with a minor offense that falls under this chapter, the court will proceed with the trial following the summons-case procedure. If found guilty, the court cannot sentence Rajesh to more than three months in prison, reflecting the summary nature of the trial.

Common Questions (FAQ)

Frequently Asked Questions about Section 262 CrPC

Q: What is the punishment or consequence under Section 262 of CrPC?

This section is a procedural provision and does not prescribe a penal punishment. It limits the sentence of imprisonment to not more than three months for convictions under this chapter.

Q: Does this section apply to private individuals or public entities?

This section applies to the procedure of trials under this chapter, which can involve private individuals or public entities as accused, but the specifics depend on the nature of the offense.

Q: Is an offence under this section bailable or cognizable?

The section itself does not specify whether an offense is bailable or cognizable; those determinations depend on the specific offense being tried under this chapter.

Common Questions about Section 262 CrPC

What is Section 262 of CrPC?

Section 262 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Procedure for summary trials". In plain terms: This section outlines the procedure for summary trials, following the same procedure as for summons-cases, with the exception that no imprisonment exceeding three months can be sentenced.

What is the punishment under Section 262 of CrPC?

Section 262 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 262 of CrPC bailable or non-bailable?

Whether Section 262 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 262 of CrPC?

The essential elements of Section 262 of CrPC are: The trial is conducted under this chapter.; The procedure for summons-cases is followed.; The sentence of imprisonment cannot exceed three months..

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