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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XXII

OF SUMMARY TRIALS

Power to try summarily
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[ten thousand taka];
 
 
(e) dishonest misappropriation of property under section 403 of the same Code, where the value of the property misappropriated does not exceed 10[ten thousand taka];
 
 
(f) receiving or retaining stolen property under section 411 of the same Code, where the value of such property does not exceed 11[ten thousand 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[ten thousand 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).]

  • 1
    Clause (a) was substituted, for clause (a) by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)
  • 2
    The words “or the District Magistrate” were omitted by section 71(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 3
    The words "any Metropolitan Magistrate or Magistrate" were substituted, for the words "any Magistrate" by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 4
    The words "Metropolitan Magistrate or" were omitted by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)
  • 5
    The words “specially empowered in this behalf by the Government” were omitted by section 71(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 6
    The words “and specially empowered in this behalf by the Government” were omitted by section 71(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 7
    The word "shall" was substituted, for the words and commas "may, if he or they think fit," by section 22 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 8
    The words "two years" were substituted, for the words "one year" by section 22 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 9
    The words "ten thousand taka" were substituted, for the words "five hundred taka" by section 9 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 10
    The words "ten thousand taka" were substituted, for the words "five hundred taka" by section 9 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 11
    The words "ten thousand taka" were substituted, for the words "five hundred taka" by section 9 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 12
    The words "ten thousand taka" were substituted, for the words "five hundred taka" by section 9 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 13
    The words and figures "section 426 and 427" were substituted, for the word and figure "section 427" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 14
    The words, figure and commas "criminal trespass, under section 447, and" were inserted before the words "house-trespass" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 15
    The words and figure "and offences under sections 509 and 510" were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 16
    Sub-clause (jj) was substituted, for sub-clause (jj) by section 2 of the Code of Criminal Procedure (Amendment) Act, 1992 (Act No. III of 1992)
  • 17
    The figure "33A" was substituted, for the figure "34" by section 22 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
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