Section 143:
Power of Court to try cases summarily.
1[143. Power of Court to try cases summarily.--(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974) all offences under this Chapter shall be tried by a Judicial
Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265
(both inclusive) of the said Code shall, as far as may be, apply to such trials:
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for
the Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of
fine exceeding five thousand rupees:
Provided further that when at the commencement of, or in the course of, a summary trial under this
section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for
a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the
case summarily, the Magistrate shall after hearing the parties, record an order to that effect and
thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the
manner provided by the said Code.
(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of
justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the
trial beyond the following day to be necessary for reasons to be recorded in writing.
(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour
shall be made to conclude the trial within six months from the date of filing of the complaint.]
Notes:
1. Ins. by Act 55 of 2002, s. 10 (w.e.f. 6-2-2003).