(l) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(m) offences under section 20 of the Cattletrespass Act, 1871 (I of 1871) :
1
* * * * *
(2) When in the course of a summary trial it appears to the Magistrate or Bench that the case is one
which is of a character which renders it undesirable that it should be tried summarily, the Magistrate or
Bench shall recall any witnesses who may have been examined and proceed to rehear the case in manner
provided by this Code.
261. Power to invest Bench of Magistrates invested with less powers. The 2[Provincial
Government] 3[on the recommendation of the High Court,] may confer on any Bench of Magistrates
invested with the powers of a Magistrate of the second or third class power to try summarily all or any of the
following offences:__
(a) offences against the Pakistan Penal Code (XLV of 1860), sections 277, 278, 279, 285, 286,
289, 290, 292, 293, 294, 8[337A (i), 337L (2), 337H (2)], 341, 352, 426, 3[447 and 504];
(b) offences against Municipal Acts, and the conservancy clauses of Police Acts which are
punishable only with fine or with imprisonment for a term not exceeding one month 5[with or
without fine] ;
(c) abetment of any of the foregoing offences ;
(d) an attempt to commit any of the foregoing offences, when such attempt is an offence. .
262. Procedure 6[prescribed in Chapter XX] applicable.__6[(1) In trials under this Chapter, the
procedure prescribed in Chapter XX shall be followed, except as hereinafter mentioned].
(2) Limit of imprisonment. No sentence of imprisonment for a term exceeding three months shall be
passed in the case of any conviction under this Chapter.
263. Record in cases where there is no appeal. In cases where no appeal lies, the Magistrate or Bench
of Magistrates need not record the evidence of the witnesses or frame a formal charge; but he or they shall
enter in such form as the 2[Provincial Government] may direct the following particulars :__
1 Provisio omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
2 Subs. by A.O., 1937, for “L.G”.
3 Ins. by ord. 12 of 1972, s. 2. and sch.
4 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 75, for “and 447”.
5 Ins. ibid., s. 75.
6 Subs. by Ordinance 12 of 1972, s.2 and Sch., for “for summons and warrantcases”.
7 Subs. ibid., for subsection (1) .
8 Subs. by ord. 85 of 02, s. 5.
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