NYAYA SIGNAL
Central · 2006 · Section 73

Section 73 — Power of court to try cases summarily.

The Food Safety and Standards Act, 2006

Notwithstanding anything contained in the 1[Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)], all offences not triable by a Special Court, shall be tried in a summary way by a Judicial Magistrate of the first class or by a Metropolitan Magistrate

and the 2[provisions of sections 285 to 288 (both inclusive)] of the said Code shall, as far as may be, apply to such a 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 rehear the case in the manner provided by the said Code.


Source notes

1. Subs. by Act 8 of 2026, s. 2 and Sch., for “Code of Criminal Procedure, 1973 (2 of 1974)” (w.e.f. 1-10-2026).

2. Subs. by s. 2 and Sch., ibid., for “provisions of sections 262 to 265 (both inclusive) (w.e.f. 1-10-2026).