1[36A. Certain offences to be tried summarily.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 2[all offences (except the offences triable by the Special Court under section 36AB or Court of Session under this Act] punishable with imprisonment for a term not exceeding three years, other than an offence under clause (b) of sub-section (1) of section 33-I, shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government 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 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 has been examined and proceed to hear or rehear the case in the manner provided by the said Code.]
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 has been examined and proceed to hear or rehear the case in the manner provided by the said Code.]
Source footnotes
1. Ins. by s. 39, ibid. (w.e.f. 1-2-1983).2. Subs. by Act 26 of 2008, s. 19, for "all offences under this Act" (w.e.f. 10-8-2009).
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Section 1 · Short title, extent and commencement.Section 2 · Application of other laws not barred.Section 3 · Definitions.Section 3A · Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir.Section 4 · Presumption as to poisonous substances.Section 5 · The Drugs Technical Advisory Board.Section 6 · The Central Drugs Laboratory.Section 7 · The Drugs Consultative Committee.India Code, Government of India. Text fetched 22 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.