Chapter X - Adjudication and Food Safety Appellate Tribunal
Section 73
Section 73: Power of court to try cases summarily
Offences outside Special Court jurisdiction are tried summarily by a specified magistrate.
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This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Notwithstanding anything contained in the 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 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.
Key takeaways
Core rule
Offences outside Special Court jurisdiction are tried summarily by a specified magistrate.
Practical check
Check the alleged offence, Special Court eligibility and any recorded conversion order rather than assuming every FSS Act prosecution stays summary.
Scope and operation
The current section refers to the Bharatiya Nagarik Suraksha Sanhita. A summary conviction can carry imprisonment up to one year; the magistrate must convert to the ordinary procedure after hearing the parties if a longer term may be needed or summary trial is undesirable.
Applying the section
Check the alleged offence, Special Court eligibility and any recorded conversion order rather than assuming every FSS Act prosecution stays summary.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026