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Procedure of Summary Trial in India.docx
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A summary trial implies speedy disposal. A summary case is one which can be tried and disposed of at once. Needless to say, the summary procedure is not intended for a contentious and compli… Full description
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INTRODUCTION
A summary trial implies speedy disposal. A summary case is one which can be tried
disposed of at once. Needless to say, the summary procedure is not intended for a content and complicated case which merits a full and lengthy inquiry.
Thus, the object of summary trial is to have a record which is sufficient for the purpos
justice, and yet, not so long as to impede a speedy disposal of the case. In other wor
summary trial is “summary” only in respect of the record of its proceedings, proceed ings, and no
respect of the proceedings themselves, which should be complete and carefully conducte in any other criminal case.
Under the old Code, in a summary trial, the summons procedure was to be followed in
summons-cases and the warrant procedure in warrant-cases. However, the present Code now done away with this distinction, and the procedure has been simplified by providing
in a summary trial, all cases should be tried by the summons procedure, whether the case summons-case or warrant-case. 'Summary
trials' are designed to do away with detailed examinations and oral evide
which lead to delays and put justice beyond the reach of the common man, besides worse the problem of pendency.
Summons cases may mandatorily attract a summary trial. If the magistrates opt for a deta trial, then they may have to give "cogent" reasons for their decision.
It has been recognised that 'warrants case' ought to be treated differently from 'summons c
as the former has a punishment ranging up to death Sign while that the title latter does no up to votefor on this
useful Usefulof witnesses Not beyond two years. "What is the use of detailed examinations wit nesses etc? It is crim
waste of court time," an official felt.1 Thus Summary trials are somewhat similar to fast
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SUMMARY TRIAL UNDER CODE OF CRIMINAL PROCEDURE
M AGISTRATES COMPETENT TO TRY AND TH E PROCEDURE TO BE ADOPTED
1. Summary trials can be held only by a District Magistrate or a Magistrate of the first
empowered in that behalf, or a Bench of Magistrates empowered under either section 26 section 261 of the Code. Only offences specified in these sections may be tried by
procedure. The amendments made by Act 26 of 1955 in Section 260 of the Code to enl its scope may be noted. In view of the amended definition of 'warrant case' it would not be true to say that all summons cases can be tried summarily. According to clause
Section 260(1) offences not punishable with death; imprisonment for life or imprisonmen
a term exceeding six months can be so tried. In summary trials the procedure to be follo
at the hearing is that of summons-case in the trial of summons cases and of warrant-ca
the trial of warrant cases (Section 262) subject to the modifications made by sections 263 264 of the Code as to the record required. SENTENCE AND JUDGEM ENT
2. No sentence of imprisonment exceeding three months ma y be passed on a conviction u You're Reading a Preview the summary procedure prescribed in Chapter XXII of the Code [sub-section (2) of sec Unlock full access with a free trial.
262]. Where the sentence passed is not appeala ble (section 413) the particulars required u
Free Trial cases, however, the Court s section 263 of the Code may be Download recorded. With In appealable
record the substance of the evidence and also the particulars mentioned in section 263
shall before passing sentence also record judgment in the case (section 2 64). No other re Sign up to vote on this title
is required. Particulars required under section 263 include full information as to the natu
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the offence alleged and proved, the plea of the accused and his examination, if any;
finding and in case of conviction; a brief statement of the reasons therefore and the sent
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ACQUI TTAL OF ACCUSED I N WARRANT CASES
4. The question has been raised whether an accused person; tried summarily for war
offence; under Chapter XXII of Code of Criminal Procedure, and not convicted, is to
shown in the statement as 'discharged' or 'acquitted'. This question is disposed of by
provisions of section 262 of the Code; which enacts that; i n summary trials; the procedur
warrant-cases, shall be followed in respect of warrant-cases; with certain exceptions w concern only the manner of record. ORAL CHARGE
5. Accordingly, the distinction between an acquittal and a discharge, shown in sections
and 258 of the Code, holds good in all warrant-cases tried summarily; the only differ being that under the ordinary procedure the charge must be prepared in writing; while
the summary procedure it is made verbally. A discharge in a summary trial no more bars
revival of prosecution for the same offence than it does in a case conducted under the rule ordinary procedure.
F I NAL ORDER SH OULD SHOW WHETER ACCUSED You're Reading a Preview H AS BEEN DI SCHARGED ACQUITTED
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6. The final order or judgment in warrant-cases tried summarily, when the accused is Download With Free Trial convicted; should invariably show whether the accused person has been discharged
acquitted; the test being whether, after hearing the evidence for the prosecution, the Cour
such c called upon the prisoner to plead to a definite charge or not, and the accused in Sign up to vote on this title
should be shown in the periodical statements as discharged acquitted, Not usefulaccording to Usefulor final order of the magistrate.
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powers should prepare a statement every month showing the actual number of summary c
received in the Court and the progress made in the disposal of such cases. A Summary of
statement should be given in the remarks column of Register No. 1 at the close of each m so as to show at a glance the actual number of summary cases received, disposed of pending in the Court. [High Court Circular letter No. 3003-Genl./XVIII-D-20 (C)(1), the 19th March, 1964.]2
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TH E L AW OF PROCEDURE CONCERNI NG SUM M ARY TRI AL S
Chapter XXII (comprising sections 260 to 265 is Of Summary Trials in the Code of Crim Procedure, 1898. Section 260 states the power of the Magistrates to try in a summary
any of the offences mentioned in that section. Section 260 of the Code of Criminal Proced 1898 reads as under: Notwithstanding 260. (Power to try summar il y). (1) (a)
anything contained in this Co
***
(b) any Magistrate of the First class specially empowered in this behalf by the Provin Government, and
(c) any Bench of Magistrates invested with the powers of a Magistrate of the first class
especially empowered in this behalf by the Provincial Government, may if he thinks fit, t a summary way all or any of the following offences:
(a) offences not punishable with death, or imprison ment for a term excee You'retransportation Reading a Preview six months;
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(b) offences relating to weights andDownload measuresWith under sections Free Trial 264, 265 and 266 of the Pak Penal Code; (c) hurt under clause (a0 of section 377A of the same Code; Sign up to vote on this title
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(d) theft under section 379, 380 and 381 of the same Code, where the value of the prop stolen does not exceed ten thousand rupees;
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