260.(1) Notwithstanding anything contained in this Code,-

¹[(a) the Metropolitan Magistrate ²[***],

(b) ³[any ⁴[***] Magistrate] of the first class ⁵[***] , and

(c) any Bench of Magistrates invested with the powers of a Magistrate of the first class ⁶[***],

⁷[shall] try in a summary way all or any of the following offences:-

(a) offences not punishable with death, transportation or imprisonment for a term exceeding ⁸[two years];

(b) offences relating to weights and measures under sections 264, 265 and 266 of the Penal Code;

(c) Hurt, under section 323 of the same Code;

(d) theft, under section 379, 380 or 381 of the same Code, where the value of the property stolen does not exceed ⁹[ five lac taka];

(e) dishonest misappropriation of property under section 403 of the same Code, where the value of the property misappropriated does not exceed ¹⁰[five lac taka];

(f) receiving or retaining stolen property under section 411 of the same Code, where the value of such property does not exceed ¹¹[five lac taka];

(g) assisting in the concealment or disposal of stolen property, under section 414 of the same Code, where the value of such property does not exceed ¹²[five lac taka];

(h) mischief, under ¹³[sections 426 and 427] of the same Code;

(i) ¹⁴[criminal trespass, under section 447, and] house trespass, under section 448, and offences under sections 451, 453, 454, 456 and 457 or the same Code;

(j) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, under section 506, ¹⁵[and offences under sections 509 and 510] of the same Code;

¹⁶[(jj) offence of bribery and personation at an election under sections 171E and 171F of the same Code;]

(k) abetment of any of the foregoing offences;

(l) an attempt to commit any of the foregoing offences, when such attempt is an offence;

(m) offences under section 20 of the Cattle-trespass Act,1871: Provided that no case in which a Magistrate exercises the special powers conferred by section ¹⁷[33A] shall be tried in a summary way.

(2) [Omitted by section 22 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982).]

261. The Government may confer on any Bench of Magistrates invested with the powers of a Magistrate of the second or third class power to try summarily all or any of the following offences:- (a) offences against the Penal Code, sections 277, 278, 279, 285, 286, 289, 290, 292, 293, 294, 323, 334, 336, 341, 352, 426, 447 and 504; (b) offences against Municipal Acts, and the conservancy clauses of Police Acts which are punishable only with fine or with imprisonment for a term not exceeding one month with or without fine; (c) abatement of any of the foregoing offences; (d) an attempt to commit any of the foregoing offences, when such attempt is an offence.

262.(1) In trials under this Chapter, the procedure prescribed ¹⁹[in Chapter XX] shall be followed ²⁰[* * *] except as hereinafter mentioned.

(2) No sentence of imprisonment for a term exceeding ²¹[two years] shall be passed in the case of any conviction under this Chapter.

263. In cases where no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge; but he or they shall enter in such form as the Government may direct the following particulars:-(a) the serial number;(b) the date of the commission of the offence;(c) the date of the report or complaint;(d) the name of the complainant ( if any);(e) the name, parentage and residence of the accused;(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (d), clause (e), clause (f) or clause (g) of sub-section (1) of section 260 the value of the property in respect of which the offence has been committed;(g) the plea of the accused and his examination (if any);(h) the finding, and, in the case of a conviction, a brief statement of the reasons therefor;(i) the sentence or other final order; and(j) the date on which the proceedings terminated.

264.(1) In every case tried summarily by a Magistrate or Bench in which an appeal lies, such Magistrate or Bench shall, before passing sentence, record judgment embodying the substance of the evidence and also the particulars mentioned in section 263. (2) Such judgment ²²[and memorandum of the substance of the evidence as required by section 355] shall be the only record in cases coming within this section.

²³[264A. Notwithstanding anything contained in section 262, the framing of charges, recording of evidence, examination of the accused under section 342, and pronouncement of judgment may, if practicable, be completed in the same session at any place within the jurisdiction of the Court.]

265.(1) Records made under section 263 and judgments recorded under section 264 shall be written by the presiding officer, either in English or in the language of the Court, or, if the Court to which such presiding officer is immediately sub-ordinate so directs, in such officer's mother-tongue.

(2) The Government may authorize any Bench of Magistrates empowered to try offences summarily to prepare the aforesaid record or judgment by means of an officer appointed in this behalf by the Court to which such Bench is immediately subordinate, and the record or judgment so prepared shall be signed by each member of such Bench present taking part in the proceedings. (3) If no such authorization be given, the record prepared by a member of the Bench and signed as aforesaid shall be the proper record. (4) If the Bench differ in opinion, any dissentient member may write a separate judgment.