Correct option is B
Section 261 of the Criminal Procedure Code, 1973 provides the power for a Magistrate of the Second Class to conduct a summary trial. According to this section, the High Court or the Court of Sessions may invest any Magistrate of the Second Class with the powers to try certain offenses in a summary manner, subject to certain restrictions and conditions laid down by the High Court.
Explanation:
· Section 260 CrPC: Specifies the offenses that can be tried summarily by Magistrates of the First Class and by any Magistrate specifically empowered under Section 261 CrPC.
· Section 261 CrPC: Allows the High Court or Sessions Court to authorize a Second Class Magistrate to conduct summary trials for specific cases, enabling faster resolution of less serious offenses.
· Section 262 CrPC: Describes the procedure for summary trials, stating that the general procedures outlined in the CrPC are followed unless stated otherwise for summary trials.
· Section 263 CrPC: Lists the particulars that must be recorded in summary trials.
Information Booster:
1. Summary Trial: This is a faster method of conducting trials for petty offenses, minimizing the complexity and duration of the trial process.
2. Magistrate of Second Class: Normally does not conduct summary trials unless empowered by higher judicial authority under Section 261 CrPC.
3. Offenses Tried Summarily: Include minor offenses like petty theft, public nuisance, and minor assaults.
4. Importance of Section 261: It ensures that less serious cases are resolved quickly, reducing the burden on the court system.
5. Conditions for Summary Trials: Not all cases can be tried summarily, and the specific conditions and limitations are laid down in Sections 260-262.
6. Procedure: Although quicker, the trial must still follow the principles of natural justice, with fair hearing and a right to appeal.
Additional Information:
· Section 260 CrPC: Enumerates the offenses that can be tried summarily by a Magistrate of the First Class.
· Section 262 CrPC: Describes the procedure to be followed during summary trials, ensuring that basic procedural safeguards are maintained.
· Section 263 CrPC: Lists the essentials that must be recorded in a summary trial, like the nature of the offense and the plea of the accused.
