Amendment status not verified — confirm the current text below against the official source.
Power of Court to try cases summarily.- Notwithstanding anything contained in the Code of Criminal Procedure 1973 ( 2 of 1974), the State Government may, if it considers it necessary so to do, direct that offences under this Act shall be tried in a summary way by a magistrate [including the presiding officer of a court established under sub-section (1) of Section 22A] and the provisions of Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial : 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 : 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 re-hear the case in the manner provided by the said Code]. COMMENTS The State Government is empowered to direct that offences under this Act shall be tried in a summary way in accordance with the provisions of sections 262, 263, 264 and 265 of the Code of Criminal Procedure, 1973. It will be lawful for the Magistrate to pass a sentence of imprisonment for a term upto 1 year. Power to make rules.- (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for - the notification of any place as a public place; a. 1[(b) the placing in custody of persons for whose safe custody orders have been passed under sub-section (1) of section 17 and their maintenance;] 2[(bb) the discharge of an offender under sub-section (3) of Section 10A from a corrective institution and the form of license to be granted to such offender;] 3[(c) the detention and keeping in protective homes or, as the case may be, in corrective institutions of 4[persons] under this Act and their maintenance;] the carrying out of the provisions of section 11 regarding notification of residence or change of or absence from residence by released convicts; d.