CrPC Section 240
Section 240 CrPC – Issue of Process in Cases Triable Summarily or Otherwise
Text of Section 240 CrPC:
"When, upon the report of the police or upon information received from any other source, it appears to a Magistrate empowered to try summarily an offence (or any offence which is triable either summarily or on regular trial), that there is sufficient ground for proceeding, the Magistrate shall issue process against the accused and the case shall be tried summarily or otherwise as the Magistrate thinks fit."
🔍 Explanation:
1. Purpose of Section 240
This section deals with how a Magistrate should issue process (summon or warrant) against an accused when he receives information or a police report about a possible offence. It applies especially to cases where the offence is:
Triable summarily, OR
Triable either summarily or on regular trial.
2. When does it apply?
The Magistrate receives a police report or information from any other source.
The Magistrate is empowered to try summarily the offence or the offence is triable summarily or otherwise.
Upon examining the information, if the Magistrate thinks there is sufficient ground for proceeding against the accused, then this section applies.
3. What happens?
The Magistrate issues process (usually summons or warrant) against the accused.
The case is then tried in a summary manner or regular manner, based on the Magistrate’s discretion.
🧑⚖️ Key Points:
Summarily triable offences are those where the Magistrate can conduct a fast-track trial without following the full procedure of a regular trial.
Examples of summarily triable offences include minor offences punishable with a fine or imprisonment up to 6 months (depending on the state laws).
The Magistrate has the discretion to decide if the trial will be summary or regular, based on the facts and seriousness of the offence.
Sufficient ground for proceeding means the Magistrate must find the information credible enough to start the legal process.
🧩 Example:
Suppose a police officer files a report alleging that a person committed a petty theft punishable by 3 months imprisonment. The Magistrate empowered to try summary cases looks at the report and believes that the case can be proceeded with.
Under Section 240, the Magistrate issues a summons to the accused.
The Magistrate can then try the case summarily, ensuring a quick resolution.
✅ Summary:
| Aspect | Explanation |
|---|---|
| When applied? | Upon police report or any information of offence |
| Which Magistrate? | Magistrate empowered to try summarily or either way |
| Action by Magistrate | Issue process against accused |
| Trial mode | Summary or regular trial, as Magistrate decides |
| Purpose | To start proceedings when there is enough ground |
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