NI Summary Case.
Querist :
Anonymous
(Querist) 15 May 2011
This query is : Resolved
NI Act, 1881
Section [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:
Criminal Procedure code, 1973
262. Procedure for summary trials.
(1) In trial under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
query :
As per section 143 of the NI Act, 1881 it has been said that all the provisions of section 262 to 264 is inclusive is applicable so as per section 262 of the crpc if the case is trial under summary manner than minimum sentence is for 3 months right & as per the abovementioned section 143 of the NI act, 1881 it should not exceed 1 year so form the reading of both the section we can say that the minimum sentence should be of 3 months & maxmium of 1 year for any offence made under NI Act i am right ?
So can we also say that as per sction 262 of the crpc the trial under NI act are always a summons case ONLY ?
It has been said that under section 262 (2) of the crpc , 1973 sentence should not exceed 3 months ? so why section 143 of the NI ac say that it can be extend by the magistrate if deem fit to exten to 1 year so which will prevail whether section 262(2) of the Crpc or section 143 of the NI Act, 1881.
2) As per section 2 of the crpc it has been said that any case which is not a warrant case is a summon case so as per the IPC is any offence is punishable for less than 2 years are called as a summons case right?
Thanks.
PALNITKAR V.V.
(Expert) 15 May 2011
Any offence for which punishment is less than 2 years of imprisonment is a summons case. It is also true that in a summary trial the sentence of imprisonment is not to exceed 3 months as per sec. 262. But Sec. 143 of NIAct being special Act, it prevails over Sec. 262 as far as sentence part is concerned. What Sec. 143 says is that provisions of 262 to 265 are to be applied as far as possible. these two provisions have to be read harmoniously. Always remember that provisions of Special Act prevail over general Act if they operate in the same field.
Querist :
Anonymous
(Querist) 15 May 2011
Thanks A Lot to all the LD Members but how to known that which act is a special act & which on is the oridnary act. AS i was thinking that Crpc is the special act.
Thanks
Guest
(Expert) 15 May 2011
Dear Anonymous,
Every Act, made for specific purposes, is special for which purpose it is made. For example, NI Act is made for the purpose of Negotiable Instruments only. So, it is special for cases pertaining to any kind of negotiable instruments.
So far as any particular act contains any reference to the provisions of any section/s of any other Act that would indicate that the provisions contained in such sections have also to be taken care of in trial process. But so far as the punishment is concerned, the specific provisions made for the purposes of related offences in the concerned Act that have to be complied with, not of the referred sections of the other act, which have been referred for procedural purposes only.
So, for NI cases the punishment prescribed in the NI Act have to be applied, while the trial can be made as per provisions of sec 262 to 265 of the CrPC.
