Summary trial is a simplified and expedited form of criminal trial used for petty and minor offences, in which the procedure is abbreviated and the maximum punishment that can be imposed is limited. Under Indian law, summary trials are governed by Sections 260 to 265 of the Code of Criminal Procedure, 1973 (now Sections 283 to 288 of the BNSS, 2023).
Legal definition
Section 260 of the Code of Criminal Procedure, 1973 provides:
Section 260(1): Notwithstanding anything contained in this Code — (a) any Chief Judicial Magistrate; (b) any Metropolitan Magistrate; (c) any Magistrate of the first class specially empowered in this behalf by the High Court, may, if he thinks fit, try in a summary way all or any of the following offences...
The offences triable summarily under the CrPC include: offences not punishable with death, life imprisonment, or imprisonment exceeding two years; theft where the value of property does not exceed two hundred rupees; receiving or retaining stolen property of similar value; assisting in concealment or disposal of such stolen property; and offences under Sections 454 and 456 IPC (lurking house-trespass or house-breaking by night).
Section 262(2): No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
New law equivalent: Under the BNSS, 2023, Section 283 expands the scope of summary trials to offences punishable with imprisonment up to three years (previously two years under CrPC). The property value threshold for theft cases is raised to twenty thousand rupees (previously two hundred rupees). The maximum sentence remains three months imprisonment.
How courts have interpreted this term
Bimal Kaur Khurana v. State of NCT of Delhi [(2010) 14 SCC 432]
The Supreme Court upheld the use of summary trial procedure for cheque dishonour cases under Section 138 of the Negotiable Instruments Act, given the massive pendency of such cases. The Court held that the use of summary trial for NI Act cases is a reasonable measure to expedite disposal.
Veerabhadra Rao v. State of Andhra Pradesh [AIR 1956 SC 643]
The Supreme Court held that when a Magistrate decides to try a case summarily, the decision must be recorded at the commencement of the trial. The accused has no right to challenge the Magistrate's decision to adopt the summary procedure, but if the Magistrate finds during the trial that the case is not suitable for summary disposal, they must reconvert it to a regular trial.
Why this matters
Summary trials serve the essential function of disposing of minor criminal cases quickly and efficiently. Without this mechanism, petty offences would clog the regular trial courts, contributing to the already massive backlog of criminal cases. The simplified procedure — which does not require elaborate framing of charges or verbatim recording of evidence — enables courts to handle large volumes of minor cases.
For practitioners, the most significant aspect of summary trials is the ceiling on punishment. Regardless of the maximum punishment prescribed for the offence, a summary trial cannot result in imprisonment exceeding three months. This means that even if the substantive offence carries a higher sentence, choosing the summary procedure limits the court's sentencing power. This creates a strategic consideration for both prosecution and defence.
The BNSS reforms significantly expand the scope of summary trials by raising the imprisonment threshold from two years to three years and the property value threshold from two hundred rupees to twenty thousand rupees. This expansion aims to bring more cases within the summary trial framework, potentially reducing pendency in regular courts. The practical impact of this reform is likely to be substantial for property offences and petty criminal cases.
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Frequently asked questions
What is the maximum punishment in a summary trial?
The maximum sentence of imprisonment that can be imposed in a summary trial is three months, regardless of the maximum punishment prescribed for the offence under the substantive law. A fine may be imposed in addition to or in lieu of imprisonment.
Which offences can be tried summarily?
Under the CrPC, offences punishable with imprisonment up to two years could be tried summarily. Under the BNSS, this threshold has been raised to three years. Additionally, specific offences like petty theft, receiving stolen property, and lurking house-trespass are eligible for summary trial.
Can the accused appeal against a summary trial conviction?
Yes. The accused can appeal against the judgment in a summary trial. However, the scope of appeal is more restricted than in regular trials because only brief notes of evidence (not verbatim records) are maintained in summary proceedings, which limits the appellate court's ability to reassess the evidence.
Can a summary trial be converted to a regular trial?
Yes. Under Section 263 CrPC (Section 286 BNSS), if the Magistrate finds at any stage that the case is not suitable for summary disposal, they shall recall any witnesses already examined and proceed to rehear the case in the manner prescribed for regular trials.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.