CrPC Section 246
CrPC Section 246: Offences to be tried summarily by Magistrates
🔹 Text of Section 246 CrPC:
"(1) The offences specified in the First Schedule may, unless their nature or the circumstances of the case otherwise require, be tried summarily by any Magistrate empowered in this behalf by the State Government.
(2) The offences specified in the Second Schedule may be tried summarily by any Magistrate empowered in this behalf by the State Government, with the consent of the accused."
🔍 Explanation in Simple Terms:
Section 246 deals with summary trials in criminal cases — that is, a faster and simpler method of trial for certain offences.
⚖️ 1. What is a Summary Trial?
A summary trial is a simplified and speedier way of conducting a trial. It is used for minor offences to avoid long and complex court proceedings.
The Magistrate empowered to try such cases can conduct the trial without following the full procedural formalities of a regular trial.
The aim is to deliver quick justice in less serious offences.
🧑⚖️ 2. What Does Section 246 Provide?
Clause (1): Lists certain offences (in the First Schedule) which may be tried summarily by any Magistrate empowered by the State Government without the consent of the accused (unless the nature or circumstances require otherwise).
Clause (2): Lists certain offences (in the Second Schedule) which may be tried summarily only with the consent of the accused.
📜 First Schedule & Second Schedule:
The First Schedule contains minor offences like public nuisance, causing hurt, defamation, etc., which can be tried summarily without the accused’s consent in normal circumstances.
The Second Schedule contains slightly more serious offences like theft, criminal breach of trust, etc., where the accused’s consent is necessary for summary trial.
📌 Key Features of Summary Trial under Section 246:
| Feature | Explanation |
|---|---|
| Scope | Only offences specified in First and Second Schedules. |
| Consent of accused | Required only for offences in Second Schedule. |
| Empowered Magistrate | Magistrate must be specifically empowered by State Government to conduct summary trials. |
| Speed | Trial is faster and simpler than regular trials. |
| Sentence Limit | Usually, summary trial is allowed for offences with a maximum punishment of 6 months imprisonment or fine or both (subject to State Government rules). |
🧠 Why Use Summary Trials?
To reduce the burden on regular courts.
To provide quick justice in petty cases.
To avoid lengthy procedures where it is unnecessary.
🧷 Example:
Suppose a person is charged with causing hurt (a minor offence). This offence falls under the First Schedule. If the Magistrate is empowered by the State Government for summary trials, he can try the case summarily without needing the accused’s consent.
Summary:
Section 246 CrPC allows certain minor offences to be tried quickly and simply via summary trials.
Some offences can be tried summarily without consent; others require the accused’s consent.
Only Magistrates specifically empowered by the State Government can conduct such trials.
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