SUMMARY TRIALS

SUMMARY TRIALS 

It refers to whereby any trial or proceeding of the case is done speedily in the interest of the justice 

There is a list of the section which are mentioned below

Section 260-265 deals with the summary trials.

Section 260- the power of a court of trying summarily-

any Chief Judicial Magistrate;

any Metropolitan Magistrate;

any Magistrate of the first class specially empowered in this behalf by the High Court,
may, if he thinks fit, try in a summary way all or any of the following offences:-

offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

 1-theft under section 380,390,391 of IPC

2-Offences not related to death punishable with death.

3- stolen property.

4-Abbettment of foreign class.

 

Section 261-

 

Power of magistrate of second class

The high court has the power to confer powers of second class Magistrate to try summarily the cases related to cases which are related to punishment not exceeding to six months fine or both.

 

 Section 262

 

Procedure for summary trials

 

In this, the procedure for the trial of summoning cases is being followed.

No punishment for a term exceed to three months should be passed.

 

Section 263

 

Record for summary trial

 

For every summarily trial the judge should fill in various things like

Serial number of the case

Commission of the offence 

Date of the complainant

Name of the accused

The findings,plea etc

 

Section 264

Record the judgement

 

The judge shall record the judgement of the case as summarily done by the help of the findings of the evidence by the court.

 

Section 265

Language of the record the judgement.

 

  1. The language should The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.
  2. The language should be according to the court.

 

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