Provisions related to summary Trials
What is a Summary Trial? :-Summary trial is the name given to trials where cases are speedily disposed and the procedure are simplified and the recording of such trials are done summarily. In a summary trial only, The principle of the summary trial is based on the legal maxim ‘justice delayed is justice denied small offences are tried and complicated offences or cases are reserved for summons or warrant trials.
Provisions related to summary trials in defined in Section 260 to 265 of Code of Criminal Procedure 1973
Section 260 of CRPC. Power to try summarily.— this section confers to power to summary trail to
(a) Any Chief Judicial Magistrate (CJM);
(b) Any Metropolitan Magistrate (MM);
(c) Any Magistrate of the first class (MFC) specially empowered in this behalf by the High Court,
According to section 261 The High Court may confer on any Magistrate invested with the powers of a second class Magistrate to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding 6 (six) months with or without fine, and any abetment of or attempt to commit any such offence.
Offences which can summarily trail
may, if he thinks fit Summary trail way all or any of the following offences: —
- offences not punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years;
- Theft, under section 379 of IPC, section 380 or section 381 of the Indian Penal Code 1860, where the value of the property stolen does not exceed [2 (two) thousand rupees];
- Offence related to receiving or retaining any stolen property as per IPC, according to section 411 of Indian Panel Code 1860, where the value of the property does not exceed [2 (two) thousand rupees];
- Assisting in the concealment or disposal of any stolen property (as per IPC), according to section 414 of IPC 1860, where the value of such property does not exceed [2 (two) thousand rupees];
- Offences under sections 454 and Section 456 of the Indian Penal Code 1860;
- Any offence related to insult with intent to provoke a breach of the peace, under section 504 of IPC, and [criminal intimidation punishable with imprisonment for a term which may extend to 2 (two) years, or with fine, or with both], under section 506 of the Indian Penal Code 1860.
- Any abetment of any of the foregoing offences;
- Any attempt to commit any of the foregoing offences, when such attempt is an offence
- Any offence constituted by an act in respect of which a complaint may be made according to section 20 of the Cattle-trespass Act, 1871.
When, in the course of a summary trial it appears to the Magistrate that the nature of the offence/case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by Criminal Procedure Code.
Procedure for summary trials
The provisions of section 262 of CrPC In trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned. No sentence of imprisonment for a term exceeding 3 (three) months shall be passed in the case of any conviction under this Chapter.
Records and Judgment in Summary Trials
According to Section 263 of CrPc In every summary tried case, The following particulars to be recorded by Magistrate: —
(a) the serial number of the case;
(b) the date of the offence the committed;
(c) the date of the report or complaint;
(d) the name of the complainant (if any);
(e) the name, parentage and residence address of the accused;
(f) the offence complained of and the offence(Case) (if any) proved, and in cases coming according clause (ii), clause (iii) or clause (iv) of sub-section (1) of section 260 of this act, value of the property in respect of which the offence has been committed;
(g) the plea of the accused and his examination in court (if any);
(h) the finding;
(i) the sentence or other final order;
(j) the date on which proceedings terminated.
Section 264 of Criminal Procedural Code Judgment in cases tried summarily.
According to section 264 In every case of any Summary Trial in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment in case containing a brief statement of the reasons for the finding. The Allahabad High Court in the case of Karan Singh, (1878) 1 All 680. held that if the evidence is not so set forth, the Magistrate may be required to do so even after examining the witness in case, or a re-trial may be ordered in case.
Judgment in a summary trial: –
when the accused does not plead guilty and he is summary tried, section 264 of CrPC enjoins upon the magistrate that he shall record the substance of the evidence; a judgment containing brief statement of the reasons of the finding. Conversely when in summary trial the accused pleads guilty, the magistrate may not be obliged to write a Judgment containing a brief statement of the reasons but the magistrate is not absolved of the obligation to record the substance of the evidence – Pawan Kumar v State of Haryana (1996 ) 4 SCC 17: 1996 SCC (Cri) 583
Section 265 of Criminal Procedural Code. Define Language of record and judgment.
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