Section 12A of The Essential Commodities Act, 1955 — Power to try summarily

Bare section text

Official Legislative Text

(1) If the Central Government is of opinion that a situation has arisen where, in the interests of production, supply or distribution of any essential commodity not being an essential commodity referred to in clause (a) of sub-section (2) or trade or commerce therein and other relevant considerations, it is necessary that the contravention of any order made under section 3 in relation to such essential commodity should be tried summarily, the Central Government may, by notification in the Official Gazette specify such order to be a special order for purposes of summary trial under this section, and every such notification shall be laid, as soon as may be after it is issued, before both Houses of Parliament: Provided that— (a) every such notification issued after the commencement of the Essential Commodities (Amendment) Act, 1971, shall, unless sooner rescinded, cease to operate at the expiration of two years after the publication of such notification in the Official Gazette; (b) every such notification in force immediately before such commencement shall, unless sooner rescinded, cease to operate at the expiration of two years after such commencement: Provided further that nothing in the foregoing proviso shall affect any case relating to the contravention of a special order specified in any such notification if proceedings by way of summary trial have commenced before that notification is rescinded or ceases to operate and the provisions of this section shall continue to apply to that case as if that notification had not been rescinded or had not ceased to operate. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) all offences relating to— (a) the contravention of an order made under section 3 with respect to— (ii) foodstuffs, including edible oilseeds and oil; or (iii) drugs; and (b) where any notification issued under sub-section (1) in relation to a special order is in force, the contravention of such special order, 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:

Educational Study Layer

Summary

It gives courts the power to conduct summary trials, which are quick and simplified trials, for certain offences under the law.
Offences involving foodstuffs (including edible oilseeds and oil) and drugs are always tried summarily by default.
For other essential commodities, a summary trial can only take place if the Central Government designates the relevant regulation as a special order.
Special notifications issued by the Central Government for these special orders generally expire after two years, unless they are cancelled earlier.
During a summary trial, a magistrate can sentence a convicted person to prison for up to one year, but can transfer the case to a regular trial if a longer sentence is needed.
There is no right of appeal for a convicted person if the sentence is small, specifically if the prison term is one month or less and the fine is two thousand rupees or less.

Practical examples

1Sita is accused of illegally selling a life-saving medicine, which is a drug, in her pharmacy during an emergency. Since drugs are automatically covered under Section 12A of the Act, a Metropolitan Magistrate conducts a quick, simplified summary trial and sentences her to a fine of one thousand rupees with no option to appeal.

2Arjun is accused of violating a temporary government order on the distribution of raw jute, which is not a foodstuff or drug. The Central Government had published a special notification in the Official Gazette three months ago declaring this regulation a special order. The Judicial Magistrate of the first class tries Arjun in a summary way and sentences him to six months in prison. Arjun can appeal this sentence because it exceeds the one-month limit.

FAQ

1. What is a summary trial under Section 12A of the Essential Commodities Act, 1955?

Under Section 12A of the Essential Commodities Act, 1955, a summary trial is a quick, simplified criminal trial designed to resolve cases of minor violations rapidly, bypassing the longer procedures of a standard criminal trial.

2. Which essential commodities are automatically subject to summary trials under Section 12A of the Essential Commodities Act, 1955?

Under Section 12A of the Essential Commodities Act, 1955, violations involving foodstuffs (including edible oilseeds and oils) and drugs are automatically tried in a summary way without requiring any special notification from the Central Government.

3. Can a person appeal a summary trial conviction under Section 12A of the Essential Commodities Act, 1955?

Under Section 12A of the Essential Commodities Act, 1955, a convicted person cannot appeal if the judge sentences them to a prison term of one month or less and a fine of two thousand rupees or less, but they can appeal if either limit is exceeded.

4. What is the maximum prison sentence a judge can give in a summary trial under Section 12A of the Essential Commodities Act, 1955?

Under Section 12A of the Essential Commodities Act, 1955, the maximum prison sentence a magistrate can normally impose in a summary trial is one year. If the magistrate believes a longer sentence is necessary, they must stop the summary trial and rehear the case as a regular trial.

Practice Quiz

Q1.Under Section 12A of the Essential Commodities Act, 1955, which of the following categories of essential commodities is automatically subject to summary trials without needing a special Central Government notification?

Q2.Under Section 12A of the Essential Commodities Act, 1955, what is the maximum duration of a special notification issued by the Central Government for summary trials of other commodities, unless rescinded earlier?

Q3.Under Section 12A of the Essential Commodities Act, 1955, what is the legal limit below which a convicted person has NO right to appeal a summary trial sentence?

Q4.Under Section 12A of the Essential Commodities Act, 1955, what must the magistrate do if during a summary trial they realize the case is too serious and a prison sentence of more than one year is necessary?

Q5.Under Section 12 and Section 12A of the Essential Commodities Act, 1955, how do the fine limits under Section 12 interact with a summary trial under Section 12A where a magistrate decides to impose a heavy fine without imprisonment?

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