Summary Trials under Code of Criminal Procedure, 1973

February 27, 2022

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By: Harsh Gunjay, Research Intern, kaalecoatwale.com

Introduction:

Chapter XXI of the Code of Criminal Procedure 1973, deals with summary trials. ‘Trail’ has not been defined in the Code of Criminal Procedure; however, it is generally understood that Trail begins after framing of charges including the proceedings of the court. A trial is a procedure where the court hears both sides and gives itself and all stakeholders a fair chance to examine, re-examine and cross-examine the facts, evidence and theories presented before the court. For a trial to be considered fair it is essential that it should be devoid of any malice, undue influence and shall always be prudent. CrPC categorizes trials in three primary types, being, warrant (Section 243, CrPC, 1973), summons (Section 251 to 259, CrPC 1973) and summary trials as aforementioned. This article shall focus on the summary trials; what type of cases fall under summary trials, which courts can try cases summarily, which accused can be tried by summary trials in the court of law, and crimes that fall under the ambit and scope of summary trails. Summary trials are intended to hear cases with speed and efficiency, it is meant for less serious offences so that the burden of cases on the court can get less. For relief from the enormous number of cases, our legislature and judiciary and often seen to be using such legislative provisions as, Plea Bargaining. 

CHAPTER XXI, CODE OF CRIMINAL PROCEDURE, 1973:

Judicial officers that can try cases Summarily 

Section 260 is the first section in summary trials, 260 deals with power to try summarily lie with a judicial officer of what position. It states under 260(1) any Chief Judicial magistrate, any metropolitan magistrate and any magistrate empowered on this behalf by the high court can try cases summarily.

Offences that can be tried Summarily

Section 260 also talks about the offences that can be tried under summary trial. i.e.

Any offence not punishable with death, life imprisonment or imprisonment exceeding two years. Theft under 379, 380 and 381 of IPC, where the value of the stolen property does not exceed a sum of rupees 2000. Retrieving stolen property under Section 411 of IPC, where the value of the property does not exceed rupees 200. Concealment of stolen property under Section 411 where the value of the property does not exceed rupees 200. Section 454 and 456 IPC, which talks about lurking around the house or trespassing can also be dealt with in the summary trial. Section 504 and 506 IPC, deal with insult with intent to breach peace and criminal intimidation. Abetment and attempt of any aforementioned offence will also fall under the scope and ambit of summary trial. Section 20 of the Cattle-Trespass act can also be tried summarily. 

Power of Magistrate to decide Method of Trial

CrPC also gives discretionary power to the Magistrate who is trying the case, for deciding whether the case is suitable for summary trial during the proceedings of the case. Section 262 of CrPC mentions that the proceedings of summary trial must be the same as a summons trial and also restricts that under no circumstances if the case is tried summarily then the sentence awarded could exceed a term of 3 months. Section 264 of CrPC states a condition that in every case tired summarily if the accused does not plead guilty then the Magistrate trying the case must record evidence and mention brief statements for the findings of the case while awarding the statement.

THE PROCEDURE OF SUMMARY TRIAL :

The procedure of summary trial is as mentioned in Section 262 is to follows the same process of a summons case. The procedure of the summons case is mentioned from Section 251 to 259, Chapter XX, Code of Criminal Procedure 1973. Section 251 of summarily trial mentions that under a formal framing of charges is not necessary however, whenever an accused is brought before the Magistrate, the nature and particulars of the offence must be stated to him and he shall be asked whether he pleads guilty or not. If guilty is pleaded by the accused, then the case becomes comparatively shorter and lightweight, from this point Magistrate has to award the sentence and convict him thereon. A sentence can also be awarded if the accused is not present in the court in petty cases. In case of absence of the accused, a summon must be sent under section 252 of CrPC. Under section 257, withdrawal of complaint before the final statement shall be the discretion of the Magistrate trying the case.

Records that are to be maintained 

Section 263 of CrPC deals with the records that are ought to be maintained by the courts, it imposes a duty on the magistrate to maintain records in a prescribed format in accordance with the requirements of the state government. Records that are to be maintained is, the serial number of the case being the first in the format, date of the offence commitment of offence in question to be second. The third is the date of the report filing against the offence in question. Name of the complainant that has filed the case, if the case is not anonymously filed being the fourth entry in the prescribed format. The name, place of residence and parents’ name of the accused that did the offence in question take the fifth point. The sixth point shall consist of the offence in question and if there already exists a proven offence in the case. Value of the property is also to be mentioned if the case falls under the scope of Section 260 1(i)(iii)(iv) of the Code of Criminal Procedure as the seventh point. The eighth point has to be about the plea of the accused and his examination in the trial, provided that, the accused has pleaded not guilty and his examination has taken place in the court of law. Next i.e. ninth point has to be the findings of the court that the court has reached after careful, prudent and fair examination of the case during the trial. The second to last point has to be the order that has been passed by the court in the case. And the final point has to be containing the date on which the proceedings ended in the court.   

DIFFERENCES BETWEEN SUMMARY TRAILS AND OTHER TRAILS:

  1. Summary trials are meant to be less complicated in comparison with summons and warrants trials.
  2. The procedure that is to be followed in summary trials is aimed to be shorter and less time consuming to ease the burden of court in petty cases.
  3. Petty and minor offences of simple nature are suited for summary trial as opposed to complicated and serious offence cases that are tired in warrant and summons cases,
  4. The statement of a witness is compiled in a brief and general manner in summary trials.
  5. The magistrate does not have to frame formal charges against the accused as contrary to any other trial where the framing of formal charges is a mandate and has to be written down.
  6. Summary trials also give discretionary power to the court to not record statements in their entirety, rather a brief outline can work, whereas, in any other trial the complete statement must be recorded of the witnesses.

SIMILARITIES:

Summary trials like other trials is essentially a trial, thus, it also shares certain similarities with other trials. Same as all trials a competent judge must be there who awards sentence as prescribed by the statute. Evidence is ought to be collected, although in a more lenient manner in summary trials. A record of the case is to be maintained like all cases be it summary or other trials. Whenever a trial begins, the accused is to be listened to charges framed on him, a summary trial is no exception, all the charges are to be formally read to the accused followed by the question of whether the accused plead guilty or not. Another common factor is that “illegality” vitiates the trial in its entirety but “irregularity” does not.

CONCLUSION:

The burden of pending cases in India is well known. Our court has been overwhelmed for ages with trials, be it any level of court. It is a very tedious and grueling task that demands a ton of time energy and effort to get a proceeding of the case to end. In such an overburdened scenario if there is a possibility of speedy and efficient deliverance of justice then it must be capitalized upon. Summary trials do not hinder the process of justice because, CrPC divides the crime and trials in accordance with the gravitas of crime that is, warrants, summons and summary. It is imperative for a healthy democracy to ensure justice and relief with speed and efficiency without compromising the accuracy of the court. Summary trials are somewhat providing precisely that to Indian Judicial System and it is the need of the hour.  

References:

  1. 44 million pending court cases: How did we get here?, https://www.moneycontrol.com/news/trends/features/44-million-pending-court-cases-how-did-we-get-here-7792511.html (last visited Feb 27, 2022).
  2. Plea Bargain - FindLaw, https://www.findlaw.com/criminal/criminal-procedure/plea-bargain.html (last visited Feb 27, 2022).
  3. What is Trial in Cr.P.C – Advocatetanmoy Law Library, , https://advocatetanmoy.com/what-is-trial-in-cr-p-c/ (last visited Feb 27, 2022).
  4. Cattle-Trespass Act, 1871, https://indiankanoon.org/doc/71679/ (last visited Feb 27, 2022).
  5. THE CODE OF CRIMINAL PROCEDURE, 1973 ________ ARRANGEMENT OF SECTIONS, 
  6. Summary Trial under the Code of Criminal Procedure, 1973 - iPleaders, , https://blog.ipleaders.in/summary-trial-code-criminal-procedure-1973/ (last visited Feb 27, 2022).
  7. Illegality vs irregularity - COMPAS, , https://www.compas.ox.ac.uk/debate/illegality-vs-irreguarity/ (last visited Feb 27, 2022).