SUMMARY TRIALS UNDER CHAPTER 11 OF CrP.C.1973 BY NIMESH ROHILLA @LEXCLIQ

Do you know how many kinds of trials are present in the criminal justice mechanism? Are there any fast ways to go through the long court proceedings? Well for the answers of such questions we need to know all about court trials and proceedings. So, in this way I am going to tell you about summary trials under chapter eleven of Criminal procedure Code, 1973.

Summary trials can be said a legal mechanism by which some cases which a less intense in nature but are very time consuming can be dealt with by speeding up the process of trials.It kind of work better and even the disputes can resolved faster and better and of course this helps in decreasing the workload over the judicial system.Lts talk about trials and later talk about summary trials.

There are three kinds of trials primarily โ€“
(a) Warrant Trials.
(b) Summon Trials.
(c)Summary Trials.

The court procedure as we all know can run for a very long period as we talk about people fighting their whole lifetime for small and petty cases but still justice was not served.

For many years the problem has been faced by courts and to counter such problems a new mechanism was given by categorizing the offence according to the nature of offence.

Summary trials are mentioned in Chapter 21 of the Code of Criminal Procedure,1973. In this trial, the cases disposed of by the speedy procedure and the recording of such cases are done summarily. By doing that we can directly talk on the issue of the matter and can resolve matters faster and better.

Summary trials under the Code of Criminal Procedure, 1973 runs from Section 260-265.

Let’s discuss them in Detail.

Magistrates competent to try and the procedure to be adopted

Magistrates who can try such a class of trials must follow the procedure which is established under this chapter. Summary trials can be held only by a District Magistrate or a Magistrate of the first class empowered on that behalf, or a Bench of Magistrates empowered under either Section 260 or Section 261 of the Code. Only offences specified in these sections may be tried by this procedure.Only offences specified in these sections may be tried by this procedure.

Section 261- summary trials by magistrate of second class – The high court may confer on any magistrate invested with the powers of a .agustrafe kf the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to co.mit any such offence.

Procedure for summary trials-
In trials under this chapter, the procedure specified in this code for the trial of summon- case shall be followed except herein mentioned.
No sentence of imprisonment for a term exceeding 3 months shall be passed in the case of any conviction under this chapter.

RECORD IN SUMMARY TRIALS (SECTION 263):-

In every case tried summarily, the Magistrate shl enter , in such form as the State Government may direct, the lartiar which shl be mentioned in the prescribed form are mentioned from clause (a) to (j) of the section 263 of the Criminal Procedure Code, 1973

JUDGEMENT IN CASES TRIED SUMMARILY(Section 264):-

In every case which is tried summarily and in which the accused does not plead guilty, the magistrate shall record the substance of the evidence and a judgement containing a brief statement of the reasons for their findings.

LANGUAGE OF THE RECORD AND JUDGEMENT:-

(1) Every such record and judgement shall be written in the language of the court.
(2) the high court may authorise any magistrate empowered to try offences summarily to prepare the aforesaid record or judgement or both by means of an officer 1appointed in this behalf by CJM, and the record or judgement so prepared shall be signed by such magistrate.

CASE LAWS :-

Manju M Agarwal vs Counsel For on 26 March, 2014
[Once the case is tried as a summons case as laid down in Chapter XX of Cr.P.C., provisions of section 326(1) and (2) Cr.P.C., come into operation. When the said provisions are made applicable, subsequent Magistrate gets every authority and right to continue with the case by recording the evidence of other witnesses. There is no need for him to reopen the case and conduct a de novo trial. A perusal of the second provision to section 143 of the NI Act would indicate that if the Magistrate has to shift the mode of trial after commencement of trial ie., from summons case to summary trial , the reasons are required to be recorded after hearing both parties. As stated above, no reasons are required to be recorded if the option of trying the case as a summons is exercised before the commencement of the trial. If exercised, it would indicate the predetermined mind of the Court.]

Thankyou for reading.

Written By
Nimesh Rohilla.

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