Summary trail under CrPC by Avantika Mishra@lexcliq

INTRODUCTION

Summary trial has been dealt in chapter XXI under sections 260-265 of the Code of Criminal Procedure. The summary trial is added to reduce the delay of the trials in respect of offences which are not of grave or serious nature that is of petty offences. The grave ones are reserved for warrant and summons trial. Since the procedure provided here is simplified, the trial would not take time to conclude.

Section 260 tells about who has the power to try summarily.

  • Any Chief Judicial Magistrate
  • Any Metropolitan Magistrate
  • Any first class magistrate specially empowered by the High Court.

The offences which can be summarily tried are:

  • Offences not punishable with death, imprisonment for life or imprisonment for a term not exceeding 2 years.
  • In case of theft under section 379, 380, 381 IPCwhere the value of the property is less than 2000₹
  • In case of retaining or receiving stolen property under section 411 IPC, the value of the property should be less than 2000₹
  • Assisting in the concealment or disposal of the property under section 414 IPC where the value of the property is less than 2000₹
  • Offences under sections 454-456
  • In case of criminal intimidation punishable upto two years or fine or both.
  • Abetment of any foregoing offences.
  • Any attempt to commit foregoing offences.

Where the Magistrate finds that it is undesirable to try the case then he can recall the witness and proceed to rehear the case.

Section 261 talks about the power of the second class magistrate to the case summarily where the power is invested upon him by the High Court where the offence is punishable with only fine or imprisonment upto 6 months.

Section 262 talks about the procedure for summary trials. In case of summary trial, the procedure followed should be of summons trials as dealt in sections 251-255. If the accused gets convicted under this section, a term not exceeding three months should be passed.

Section 263 gives the power to the magistrate to enter the following particulars namely:

  • Serial number of the case
  • Date of the commission of the offence
  • Date on which the report or complaint was made.
  • The name of the complainant
  • Name, parentage and residence of the accused.
  • The offences complained of and proved under section 260(1)(ii), (III), (iv).
  • The plea of the accused and his examination
  • The finding
  • The sentence or final order
  • The date of termination of proceedings

Section 264 talks about a situation where the accused has not plead guilty that means he has accepted the charges and refused to defend himself. In such situation, the magistrate will record the substance of the evidences and give the judgement accompanied by a brief statement of the reasons for the finding.

Section 265 deals with the language of the record and judgement. The record and the judgement shall be written in the language of the court.

The High Court may even authorize the magistrate to prepare the report or judgement or both with the help Of an officer appointed by the Chief Judicial Magistrate and the prepared record or judgement shall be signed by the magistrate.

 

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