Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 5[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.
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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).
Section 34 Offences by companies
Section 34A Offences by Government departments
Section 34AA Penalty for vexatious search or seizure
Section 35 Publication of sentences passed under this Act
Section 36 Magistrate's power to impose enhanced penalties
Section 36A Certain offences to be tried summarily
Section 36AC Offences to be cognizable and non-bailable in certain cases
Section 36AD Application of Code of Criminal Procedure, 1973 to proceedings before Special Court
Section 36AE Appeal and revision