“Law Master’s Publications

‘Trial of Summons Cases’

Prof. S. D. Bhosale

(..12..)

TRIAL OF SUMMONS CASES

(Ss.251 to 259)

QUESTION BANK

1. Explain the procedure for trial of summons cases.

SHORT NOTES

1. Summary Trial.

SYNOPSIS

I. Procedure for trial in a summons case-

1) Substance of the accusation is to be explained (S.251)-

2) Conviction on plea of guilty (S.252)-

3) Conviction on plea of guilt in absence of accused in petty cases (S.253)-

5) Defence Evidence (S.254)-

6) Acquittal or conviction (S.255)-

7) Non-appearance or death of complaint (S.256)-

8) Withdrawal of complaint (S.257)-

9) Power to stop proceeding in certain cases (S.258)-

10) Power of a Court to convert summons case into warrant case (S.259)-

11) Compensation for accusation without reasonable cause (S.250) (as discussed

already)-

II)

Summary Trials (Ss.260 to 265)-

“Law Master’s Publications

‘Trial of Summons Cases’

Prof. S. D. Bhosale

1) Magistrate authorized to conduct summary trials (S.260 (1))-

2) Offences Tribal Summarily (S.260(2))-

3) Procedure for summary trial (S.262)-

4) Record in summons total (S.263)-

5) Judgment (S.264)-

As discussed earlier, criminal cases can be divided into two groups: (i) warrant cases,

which relate to offences punishable with death, imprisonment for life, or imprisonment for a term

exceeding two years, and (ii) summons cases. Summons cases are not very serious (like warrant

cases); therefore, they can be tried with a simple procedure.

Further summons cases may be tried by the Magistrate as (i) a summons case or (ii) a

summary trial.

We have already discussed the procedure for trial of warrant cases. In this topic, we will

discuss the procedure for trial of summons cases.

Procedure for trial of a summons case:-

The substance of the accusation is to be explained (S.251):-

When the accused appears or is brought before the Magistrate in a summons case, the

particulars of the offence of which he is accused are stated to him, and he is asked whether he

pleads guilty or has any defence to make; however, it is not necessary to frame a charge.

In other words, in a summons trial, the case starts by explaining the accusation to the

accused. He is then asked if he pleads guilty or has any defence to make.

Conviction on plea of guilty (S.252):-

If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in

the words used by the accused and may, in his discretion, convict him.

Conviction on plea of guilt in the absence of accused in petty cases (S.253):-

In petty cases, if the accused desires to plead guilty to the charge without appearing

before the Magistrate, he may transmit to the Magistrate by post or by messenger a letter

containing his plea and also the amount of fine mentioned in the summons.

The magistrate then may convict the accused in his absence on his plea of guilt and adjust

the amount sent towards the fine.

Prosecution evidence (S.254):-

If the accused does not plead guilty (or the Magistrate does not convict him on his plea of

guilty), the Magistrate shall proceed to hear the prosecution. The Magistrate shall take all such

evidence as may be produced to support the prosecution. The Magistrate may, if he thinks fit, on

the prosecution's application, issue a summons to any witness directing him to attend or produce

any document or other thing.

Defence Evidence (S.254):-

The Magistrate hears the accused and takes all the evidence he produces in defence. The

Magistrate may, at the instance of the accused, issue a summons to any witness directing him to

“Law Master’s Publications

‘Trial of Summons Cases’

Prof. S. D. Bhosale

attend or produce any document or other thing.

6) Acquittal or conviction (S.255):-

If the Magistrate, after considering all the evidence in the case, finds the accused not

guilty, he shall record an order of acquittal.

If, however, after considering the entire evidence, the Magistrate finds the accused guilty,

he is required to pass a sentence on him according to law.

However, after considering the character of the offender, the nature of the offence, and

the circumstances of the case, the Magistrate may, instead of passing a sentence, decide to

release the offender after admonition or on probation of good conduct under S.360 or the

Probation of Offenders Act. 1958.

Non:-appearance or death of complainant (S.256):-

If after the summons has been issued to the complainant, the complainant does not

appear, the Magistrate shall acquit the accused unless the case is adjourned for some reason.

However, where the complainant is represented by a pleader or by the officer conducting

the prosecution or where the Magistrate is of the opinion that the complainant's personal

attendance is not necessary, the Magistrate may dispense with his attendance and proceed with

the case. The same provision applies in cases of the complainant's death.

Withdrawal of complaint (S.257):-

If a complainant, at any time before the final order, satisfies the Magistrate that there are

sufficient grounds for permitting him to withdraw his complaint against the accused (or if there

is more than one accused, all or any of them), the Magistrate may permit him to withdraw the

same. Thereupon, he shall acquit the accused against whom the complaint is so withdrawn.

Power to stop proceeding in certain cases (S.258):-

It is also called dragging of proceeding. In any summons case instituted otherwise than

the (private) complaint, a Magistrate of the first class (or with the previous sanction of the Chief

Judicial Magistrate), any other judicial Magistrate may, for reasons to be recorded by him, stop

the proceedings at any stage without pronouncing any judgment and where such stoppage of

proceeding is made after the evidence of the principal witnesses has been recorded, pronounce a

judgment of acquittal, and in any other case, release the accused, and such release shall have the

effect of discharge.

10)

Power of a Court to convert summons case into warrant case (S.259):-

When in the course of the trial of a summons case relating to an offence punishable with

imprisonment for more than six months, it appears to the Magistrate that in the interest of justice,

the offence should be tried in accordance with the procedure for the trial of warrant case, such

Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of

warrant cases and may recall any witness who may have been examined. However, the Court is

not permitted to try a warrant case as a summons case.

11)

Compensation for accusation without reasonable cause (S.250) (as discussed

already):-

“Law Master’s Publications

‘Trial of Summons Cases’

Prof. S. D. Bhosale

II)

Summary Trials (Ss.260 to 265):-

‘Summary trial’ implies speedy trial, and a ‘summary case’ implies a case that can be

tried and disposed of immediately. Ss.260 to 265 lays down the procedure for conducting a

summary trial.

Magistrate authorized to conduct summary trials (S. 260(1)):-

Following Magistrates are authorized to conduct summary trials viz. –

(i) Chief Judicial Magistrate.

(ii) Metropolitan Magistrate.

(iii) The Magistrate of the First Cass was specially empowered on this behalf by the High

Court.

(iv) Magistrate of the second class, specially empowered by the High Court with limited

powers¹.

If any Magistrate has no power to try the case summarily, if he tries it, the trial becomes

void.

Offences Tribal Summarily (S.260 (2)):-

The following offences are tribal summarily viz. –

(i)

offences not punishable with death, imprisonment for life, or imprisonment for a

term exceeding two years.

(ii) theft, where the value of the property does not exceed two thousand rupees.

(iii) receiving or relating stolen property where the value of the property does not

exceed two thousand rupees.

(iv) assisting in the concealment or disposal of the stolen property where the value of

the property does not exceed two thousand rupees.

(v)

offences of lurking house-trespass or house-breaking.

(vi) insult with the intent to provoke a breach of peace and criminal intimidation.

(vii) abatement of any of the foregoing offences;

(viii) attempt to commit any of the foregoing offences when such an attempt is an

offence.

(ix) any offence in respect of which complaint may be made under S.20 of the Cattle

Trespass Act 1871.

However, when, in 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 witness who

may have been examined and proceed to re-hear the case in the manner provided by the Code.

Procedure for summary trial (S.262):-

The procedure prescribed for the trial of summons cases is to be followed in case of

summary trial. However, a sentence of imprisonment exceeding three months should not be

passed against the accused.

Record in summons trials (S.263):-

¹(as provided by S.261)

“Law Master’s Publications

‘Trial of Summons Cases’

Prof. S. D. Bhosale

In every summary trial, the Magistrate shall record the following particulars in the

prescribed form –

(i) the serial number of the case.

(ii) the date of the commission of the offence.

(iii) the date of the report or complaint.

(iv) the name of the complainant.

(v)

the name, parentage, and residence of the accused.

(vi) the offence complained of, and the offence (if any) proved, and in cases coming

under any of the clauses (ii), (iii), (iv) of S.260(1), the value of the property in

respect of which offence has been committed.

(vii) the plea of the accused and his examination,

(viii) finding,

(ix) sentence or other final order,

(x)

the date on which proceedings terminated.

Such record shall be written in the language of the Court (S.265)

Judgment (S.264):-

In each case 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.

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