Law and You >Procedural Laws > CrPC > Summary Trials (Ss. 260 to 265)
The word “trial” is used both in civil and in Criminal matters. The process of trial as enumerated in our Indian Constitution Art. 21 and also in certain enactments is that “trial is a right of a person”, which should be conducted fairly. The concept of fair trial includes fair and proper opportunities to adduce evidence on they behalf before the court of law to prove their case. In this article we shall discuss summary trials.
The word ‘Trial’ is not defined in the code. In civil, it is used to determine the fact in issue before the court of law. In criminal matters, trial is a process of determining innocence or guilt of an accused. Determining the fact in issue and determining the innocence or guilt of an accused is by way of examination of witness adduced by both sides. The most important principle while conducting trial is that prosecution must establish guilt of the accused beyond all reasonable doubt, hence the burden of proof always lies on the prosecution. Therefore, accused has right to remain silent.
Before trial could commence, there are certain guidelines and principles to be followed to conduct a fair trial. These principles are:
- Accused shall be informed the details of the accusation made against him, such information must be communicated in his own language.
- Accused shall have free assistance of an interpreter, if he cannot understand the language used in court.
- Accused shall be given adequate time to engage him counsel. If he reports that no means to engage counsel on his behalf, the court should provide free legal aid counsel to the accused.
- Accused shall have adequate time and facilities for preparation of his defence.
The commencement of trial is enumerated in CrPC under chapters XVIII to XXI, which deal with four types of trials.
- Trial Before a Court of Session (Chapter XVIII, Ss. 225 to 237 CrPC)
- Trial of Warrant-Cases by Magistrates (Chapter XIX, Ss. 238 to 247 CrPC)
- Trial of Summons-Cases by Magistrates (Chapter XX, Ss. 251 to 259 CrPC)
- Summary Trials (Chapter XXI, Ss. 260 to 265 CrPC)
The basis for conducting trial based on the quantum of sentence that can be inflected for each offence. The quantum of sentence is to be imposed specified in Indian Penal Code and the manner in which the procedure of trial with regard to examination of witness to be followed according to Indian Evidence Act. Apart from the above stated enactments, there are other special enactments which specify punishment and nature of trial to be held for such offence. The proper course would be to call upon the prosecution to prove its case by adducing evidence.
Before commencement of trial, judge has to ensure that the original FIR, the charge sheet, original statements of witnesses and relevant documents are before the court for examination of accused and for framing charge. The stage of a trial begins after the ‘framing of charges.’ The nature of a trial is determined on the basis of gravity and seriousness of the offence, jurisdiction and the substantive law applicable to it. The purpose of having different procedures of trial is speedy disposal of cases and thereby reducing the pendency of cases. Trials are further divided into 3 categories, namely
- Summon
- Warrant
- Summary trial
The first two are applied in those cases which imbibes more serious offenses and the third one is applied in those cases degree of seriousness is rather meagre
Summary Trials:
Summary Trials are the trials which are speedily disposed and with the simplified procedure of recording the trials. The principle of the summary trial is based on the legal maxim ‘justice delayed is justice denied’. It is important to note that the summary is only in recording the proceedings and not in conducting the proceedings. The proceedings in every case have to be done cautiously and prudently. A summary trial implies that the case is tried and disposed at once. Such a trial is not available to cases which are complicated and require a lengthy process of inquiry. The access to summary trial even in small cases prevent a miscarriage of justice which would have otherwise taken several years to complete the proceedings. Sections 260 to 265 of the Code of Criminal Procedure, 1973, CrPC deals with the provisions related to summary trials.
Section 260 CrPC:
Power to Try Summarily:
(1) Notwithstanding anything contained in this Code—
(a) any Chief Judicial Magistrate;
(b) any Metropolitan Magistrate;
(c) 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:—
(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where the value of the property stolen does not exceed two thousand rupees;
(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where the value of the property does not exceed two thousand rupees;
(iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code (45 of 1860), where the value of such property does not exceed two thousand rupees;
(v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860);
(vi) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both, under section 506 of the Indian Penal Code (45 of 1860);
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871).
(2) When, in the course of a summary trial it appears to the Magistrate that the nature of the 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 this Code.
Section 261 CrPC:
Summary Trial by Magistrate of the Second Class:
The High Court may confer on any Magistrate invested with the powers of a Magistrate of 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 commit any such offence.
Magistrates Who Can Try Summarily:
Section 260 of the Code confers any Chief Judicial Magistrate (Section 260(1)(a)), Metropolitan Magistrate (Section 260(1)(b)) and Magistrate of the first class with the power to try trial summarily (Section 260(1)(c)). However, a Magistrate of the first class in order to try summarily has to take special permission from the High Court. As per section 261, any High Court may empower any Magistrate of the second class to try summarily any offence punishable only with fine or with imprisonment for a term not exceeding 6 months with or without fine and any attempt or abetment of such offences.
It is the discretionary power of the Magistrate to try specified offence in a summary way. Section 260 of the Code only does not empower the Magistrate to try such cases which he is not competent to try. It empowers him to try the cases that he is already competent to try by a particular procedure.
Offences Which Can be Tried Summarily:
Offences to be tried summarily need not be punishable under the Penal Code, offences under special or local Acts can be tried summarily if they fulfil the condition of punishment laid down. A Magistrate who is empowered to trial summarily, if thinks fit may try all or any of the following offences summarily:
- Offences which are not punishable with death or imprisonment with life or imprisonment for a term exceeding 2 years;
- Offences relating to theft prescribed under sections 379, 380 and 381 of the Indian Penal Code (IPC), where the stolen property is not valued more than two thousand rupees;
- Offences relating to receiving or retaining any stolen property, under section 411 of the IPC, where the value of the property does not exceed two thousand rupees;
- Assisting in the concealment or disposal of any stolen property as prescribed under section 414 of the IPC, where the value of such property does not exceed two thousand rupees;
- Offences which are embodied under sections 454 and 456 of the IPC;
- An offence relating to insulting with intent to provoke a breach of peace, under section 504 of the IPC;
- The offence as prescribed under section 506 of the IPC relating to criminal intimidation punishable with imprisonment for a term which may extend to 2 years or with fine or with both;
- Any abetment of the abovementioned offences;
- Any attempt to commit the above-mentioned offences, where the attempt of such offence is punishable;
- Any offence committed within the meaning of section 20 of the Cattle – Trespass Act, 1871.
The subsection (2) of Section 260 provides that any witness can be recalled for examining and to rehear when it appears necessary to the Magistrate that the case should not be tried summarily. If the mode of the trial is sought to be altered in the midstream on the ground that the offence is such which cannot be tried in a summary way, the trial must from its inception be conducted in a regular manner.
Procedure for Summary Trials:
Section 262:
Procedure for Summary Trials:
(1) In trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
Procedure Followed in Summary Trials:
In summary trials the procedure to be followed at the hearing is that of summons-case in the trial of summons cases subject to the modifications made by sections 263 and 264 of the Code as to the record required. Adherence to this provision has to be done irrespective of the nature of the case, that is, whether it is a warrant-case or summons-case. Thus, the procedure followed for summon cases has to be followed for summary cases as well. The exception in summary trials is, that a sentence exceeding the duration of three months cannot be passed in case of conviction under this Chapter. The procedure for summary trials (summons case) is as follows:
- For a criminal procedure to begin, the first step is to file an FIR or a complaint. This is investigated upon by the police and evidence is collected. At the end of the investigation, a charge sheet is filed by the police. This is also called the pre-trial stage.
- The accused person is then taken before the Magistrate who orally reads the particulars of the offences to the accused. In summons and summary trials, a formal charge is not written down.
- The examination of the accused has to be conducted under section 251 Code of Criminal Procedure.
- Under section 251 Code of Criminal Procedure, when the accused appears or is brought before the Magistrate, particulars of the offence with which he is accused or the accusation levelled against the accused shall be stated to him.
- The Magistrate after stating the particulars of the offence committed asks the accused if he pleads guilty or not. Either in summary trial cases or in summons procedure cases, it is not at all necessary to frame a charge against the accused person.
- If the accused person pleads guilty, the Magistrate makes a record of the statement of the accused and then proceeds for conviction.
- If the accused pleads not guilty and claims to be tried after his examination under section 251 CrPC in a summary trial case, court has to conduct trial by following the procedure for summary trials and pronounce judgment under section 264 CrPC. The prosecution and the defence are given an equal opportunity to put their case forward. The Judge may then decide the acquittal or the conviction of the accused.
- The difference between summary trials and summons cases lies at this juncture. If the Judge delivers a judgment of conviction of the accused – the maximum sentence that can be passed in summary trials for imprisonment is three months.
Sentence that can be Passed in Summary Trials:
The Section 262(2) CrPC prohibits the Magistrate to pass any sentence of imprisonment for a term exceeding 3 months for any conviction in respect of summary trials. A sentence exceeding the period fixed by this section is illegal. This sub-section only imposes a limit as to imprisonment and not as to the amount of fine to be imposed.
Under Section 261 of the Code, the High Court is vested with the power to confer upon the Magistrate of Second Class, the power to try an offence summarily. The offence should be punishable either solely with a fine or with imprisonment for not more than six months with/without fine. The scope extends to any abatement or attempts to commit any such abovementioned offence.
In Asghar Ali, (1883) 6 All 61 case, the Court held that the limit of imprisonment refers only to the substantive sentence, not to an alternative sentence of imprisonment in default of payment of a fine. A magistrate can impose a sentence of imprisonment in default of payment of fine in addition to the maximum sentence of three months’ imprisonment which he has imposed for the offence.
Record in Summary Trials:
Section 263 CrPC:
Record in Summary Trials:
In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:—
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the date of the report or complaint;
(d) the name of the complainant (if any);
(e) the name, parentage and residence of the accused;
(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii) or clause (iv) of sub-section (1) of section 260, the value of the property in respect of which the offence has been committed;
(g) the plea of the accused and his examination (if any);
(h) the finding;
(i) the sentence or other final order;
(j) the date on which proceedings terminated.
All these particulars have to be recorded in the form as may be prescribed by the State Government. It is the duty of the Magistrate to record the particulars himself. He cannot depute that duty to his clerk, nor is he authorized to affix his signature to the record or judgment by a stamp.
Judgment in Summary Trials:
Section 264 CrPC:
Judgment in Cases Tried Summarily:
In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.
Evidences Under Summarily Trail:
When the accused has not entered a guilty plea, Section 264 requires the Magistrate to briefly record the content of the evidence, the decision, and its justifications. The content of the evidence must be noted as soon as it is presented to the court.
Also, all documents and decisions must be written in the court’s language. It is not sufficient to only enter the magistrate’s initials; the magistrate must write his complete name.
In Karan Singh, (1878) 1 All 680 case, the Allahabad High Court held that if the evidence is not so set forth, the Magistrate may be required to do so even after examining the witness, or a re-trial may be ordered. Moreover, all the records and judgment have to be written in the language of the Court. The Magistrate must write his full name and the mere putting in of the initials is not sufficient.
Language of Record and Judgment:
Section 265CrPC:
Language of Record and Judgment:
(1) Every such record and judgment 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 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.
The judgment or the record must be signed by the presiding magistrate. The magistrate must write his full name, merely putting his initials will not be sufficient.
Difference Between Summary and Regular Trials:
A summary trial is very much dissimilar to any regular trials as follows:
- A summary trial can be conducted only for specified offences which are minor in nature whereas more complicated and serious nature of offences is tried in regular trials.
- In summary trials, only the substance of evidence and the disposition is briefly recorded but in regular trials, the evidence is recorded carefully and in full.
- No formal charge is required to be framed by Magistrate in summary trials but in regular trials, a formal charge sheet is required to be drawn up.
Conclusion:
The criminal procedure in India is governed by two twin statutes. The Code of Criminal Procedure, 1973 is the procedural law, and the Indian Penal Code, 1860 is the substantive law. Any criminal justice system’s main goal is to guarantee that people have the chance to participate in a free and fair trial. The Indian judiciary is loaded by heavy burden of cases are pending before it, due to which the functioning of judiciary to some extent is hampering. So, such method of summarily trial is an efficient tool to ease off the burden since Indian population is rising rapidly and also citizens are becoming legally aware so in future the intensity of cases would be higher. Summary trials provide people a chance to obtain justice for even the slightest grievances in short span of time. This system of Summary trial shall be made more wide so that more number of cases may fall over them and more cases shall be disposed off in a reasonable period of time.