Summary Trials Under CRPC - Chap XXI CRPC - Criminal Law Review PDF

2/27/2020 Summary Trials under CrPC | Chap XXI CrPC | Criminal Law Review
About Us
Criminal Law Review National Writing Competition’ 2019 
Case Analysis
Substantive Law
Procedural Law
Doctrines and Principles
criminology
Case Read
Weekly Read
Random Hunt
Judgment Updates Series
Bills/Acts/Ordinances
Other Articles
Application Form | Re-Constitution of Editorial & Managerial Board
Contact Us
PROCEDURAL LAW  1 FOLLOW:  

NEXT STORY
Contact Us
Summary Trials
CrLR National Writing Competition | Results Abetment of suicide | Sec 306 IPC 
under CrPC PREVIOUS STORY
 Witness Protection in India

BY ADMIN · PUBLISHED MAY 24, 2018 · UPDATED
JANUARY 2, 2019
KEYWORD SEARCH
Search here..
SUBSCRIBE FOR WHATSAPP UPDATES
Click here https://wa.me/917434045410

Author: Neitseizonuo Solo | Featured
Drop a message mentioning your name, city
Pic-Credit: Shashwat Ashiya and profession.
1      
https://crlreview.in/summary-trials-under-crpc/ 1/12
What is a SUB
PR O STA
Abetment
CE DNURAL
TIVE LAW
Witness Protection
of suicide
Summary Trial? | Sec
in India
306 IPC
Summary trial is the name given to trials

where cases are disposed of speedily and
the procedure are simplified and the
recording of such trials are done
summarily. In a summary trial only, small
offences are tried and complicated cases
are reserved for summons or warrant
trials. The main purpose of summary
trials is to expeditiously dispose of cases
as the caseload on the judiciary is
immense and continues to grow.
Summary trials also seek to uphold the
legal maxim, “Justice delayed is justice
denied.” Summary trials allow for the
people to procure justice even for small
offences that may otherwise have taken
years to complete legal proceedings.
Legal provisions for Summary trials are

provided for under Sections 260-265 of
the Code of Criminal Procedure.
Types of
offences that
can be tried in a
Summary Trail 1      
Sections 261 and 262 provide the type of

cases that can be heard by first class and SUB
PR O STA
CE DNURAL
TIVE LAW
second class Magistrates respectively. Abetment

Witness Protection
of suicide
| Sec
in India
306 IPC
In case of any Chief Magistrate or
Metropolitan Magistrate or any first class
Magistrate the following cases may be
tried:
1. Offences which cannot be punished

with the death penalty, life
imprisonment or imprisonment
exceeding 2 years.
2. Theft provided in sections 37, 380
and 381 of the IPC as long as the
value of item stolen does not exceed
200 rupees.
3. Receiving or retaining any stolen
property under 200 rupees given in
Section 411 of the Indian Penal Code.
4. Assisting in the concealment of any
stolen property under 200 rupees
given in Section 414 of IPC.
5. Lurking, trespass breaking in of
houses under Section 454 of IPC.
6. Criminal intimidation and insult with
intent to provoke under Sections 506
and 504 respectively.
7. Abetment of any of the above offences
will also be tried in a summary trial.
In case of Magistrates of Second class the

following offence can be tried if the High
1      
Court empowers him to do so;
SUB
PR O STA
CE DNURAL
TIVE LAW
1. Offences which can be punished with
Abetment
Witness Protection
of suicide
imprisonment of less than 6 months
| Sec
in India
306 IPC
with or without a fine.
2. Any offences that can be punished
with a fine.
3. Abetment or attempt to commit the
above offences.
What procedure
is followed in a
Summary Trial?
Section 262 of Code of Criminal
Procedure provides that a summary trial
will follow the same procedure as a
summons trial which is much less formal.
The procedure for a summary trial can
thus be given as;
Registration of FIR
and investigation
In the rst step of any criminal
procedure, an FIR is led after
which the claims made in the FIR
are investigated upon and
evidence collected. At the end of
the investigation, a police report
is led.
1      
Before the
Magistrate SUB
PR O STA
Abetment
CE DNURAL
TIVE LAW
Witness Protection
of suicide
The accused is brought or | Sec
in India
306 IPC
appears before a Magistrate and
the particulars of the offences
must be clearly conveyed to the
accused. In case of summary and
summons trials, charges are not
framed by writing the charges
down.
Plea
The accused may either plead guilty
or not guilty.
CONVICTION IN CASE OF
GUILTY PLEA
The Magistrate records the statement

of the accused and the accused may
be convicted at the discretion of the
Magistrate.
When the accused does not appear

before the Magistrate to plead guilty,
then he is to send 1000 rupees along
with a letter containing his guilty
plea.
In the case of Purushottam Sabra

v. State of Orissa, 1992 Cri LJ 1417
(Ori) the court held that the accused
cannot simply be convicted by the
1      
Magistrate if the accused pleads guilty

if the report given by the prosecution SUB
PR O STA
CE DNURAL
TIVE LAW
does not provide any offences Abetment

Witness Protection
of suicide
allegedly made by the accused under | Sec
in India
306 IPC
any statute.
Plea of not guilty
In this scenario, the proceedings

continue with the trial. The
Magistrate hears both the prosecution
and the accused. He also examines all
witnesses to the case.
Judgement
The accused may either be acquitted
or he may be convicted. If he is
acquitted, the Magistrate will record
an order of acquittal. Conversely, the
accused may be convicted and
sentenced
In the case of D.M. Seth v.

Ganeshnarayan R. Podar, 1993
Cri LJ 1899(Bom) the court held that
if there seems to be no reasonable
grounds for making an accusation,
the Magistrate may order the accused
to be compensated by the accuser
after the Magistrates calls upon the
accuser to show cause for such an
accusation. .
1      
Sentence in case
of Summary
SUB
PR O STA
CE DNURAL
TIVE LAW
Abetment
Witness Protection
of suicide
| Sec
in India
306 IPC
Trials
In summary trials, a convict cannot be
sentenced to imprisonment for a period of
time longer than 3 months.
Judgement
The judgement of the Magistrate in cases
where the accused pleads not guilty will
only include the following according to
Section 264 of CrPC:
1. The substance of the evidences

provided.
2. Briefly statement of the reasons why
such a finding has been reached by
the Magistrate.
What is to be
recorded in
Summary Trials?
In every summary the following
particulars should be recorded according
to Section 263 of CrPC:
1. Serial number of case
1      
2. The date on which the offence was

committed. SUB
PR O STA
CE DNURAL
TIVE LAW
3. The date on which the complaint was Abetment

Witness Protection
of suicide
made. | Sec
in India
306 IPC
4. The name of parents.
5. The name and address of the accused.
6. The offence and the value of the
property that was stolen.
7. The plea of the accused and if he has
been examined then such
examination as well.
8. The findings of the Magistrate.
9. The sentence or the final order of the
Magistrate.
10. The date on which the legal
proceedings come to an end.
Difference
between
Summary Trials
and other trials
A summary trial deals with cases
where the offences are of minor and
simple nature whereas more
completed and serious cases are tried
in summons or warrant trials.
In a summary trial, the statement of
the witnesses are briefly and generally
compiled and only the substance of
their depositions are recorded but in 1      
other trials, the depositions of each of

the witnesses are carefully recorded in SUB
PR O STA
CE DNURAL
TIVE LAW
its entirety. Abetment

Witness Protection
of suicide
In a summary trial the Magistrate | Sec
in India
306 IPC
does not have to frame formal charges
against the accused but in other trials,
a formal charge sheet has to be drawn
up.
The entirety of the evidence need not
be recorded in case of summary trials
and only a brief outline is necessary
but in case of other trials, it is
necessary to record all of the evidence
completely.
About the author: Neitseizonuo is a

2016-21 Batch student at Hidayatullah
National Law University.
Disclaimer: Although we try to ensure

that the information provided, whether in
relation to the products, services, or
offering or otherwise provided
(hereinafter mentioned as
“INFORMATION”) on the website is
correct at the time of publishing, we or
any third parties do not provide any
warranty or guarantee as to the accuracy,
timeliness, performance, completeness or
suitability of the information and 1      
materials found or offered on this website

for any particular purpose. It shall be your SUB
PR O STA
CE DNURAL
TIVE LAW
own responsibility to ensure that any Abetment

Witness Protection
of suicide
products, services or information | Sec
in India
306 IPC
available through this website meet your
specific requirements. Neither the website
nor any person/organization acting on its
behalf may accept any legal
liability/responsibility.
Terms-and-conditions/ (Click Here)
Share
1 RESPONSE
 Comments 1  Pingbacks 0
Dharmesh  January 1, 2020 at 9:03 pm

Domestic violence case is summary
trial or summon trial??
Reply
LEAVE A REPLY
Comment
1      
Name * Email *
SUB
PR O STA
CE DNURAL
TIVE LAW
Website Abetment
Witness Protection
of suicide
| Sec
in India
306 IPC
Post Comment
 February 2020 Supported by GLIC, GNLU,
M T W T F S S
1 2
3 4 5 6 7 8 9
Gandhinagar
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29
« Jan
FOLLOW US
Feedback Form
TERMS AND CONDITIONS

 
1      
Criminal Law Review © 2020. All Rights

Reserved.
SUB
PR O STA
CE DNURAL
TIVE LAW
Abetment
Witness Protection
of suicide
| Sec
in India
306 IPC
1      

Summary Trials Under CRPC - Chap XXI CRPC - Criminal Law Review PDF

Caricato da

Informazioni sul documento

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Summary Trials Under CRPC - Chap XXI CRPC - Criminal Law Review PDF

Caricato da

Copyright:

Formati disponibili

2/27/2020 Summary Trials under CrPC | Chap XXI CrPC | Criminal Law Review

PROCEDURAL LAW  1 FOLLOW:  

under CrPC PREVIOUS STORY

 Witness Protection in India

SUBSCRIBE FOR WHATSAPP UPDATES

Click here https://wa.me/917434045410

Summary trial is the name given to trials

Legal provisions for Summary trials are

Sections 261 and 262 provide the type of

second class Magistrates respectively. Abetment

1. Offences which cannot be punished

In case of Magistrates of Second class the

Court empowers him to do so;

The Magistrate records the statement

When the accused does not appear

In the case of Purushottam Sabra

Magistrate if the accused pleads guilty

does not provide any offences Abetment

Plea of not guilty

In this scenario, the proceedings

In the case of D.M. Seth v.

1. The substance of the evidences

1. Serial number of case

2. The date on which the offence was

3. The date on which the complaint was Abetment

other trials, the depositions of each of

its entirety. Abetment

About the author: Neitseizonuo is a

Disclaimer: Although we try to ensure

materials found or offered on this website

own responsibility to ensure that any Abetment

Terms-and-conditions/ (Click Here)

Dharmesh  January 1, 2020 at 9:03 pm

 February 2020 Supported by GLIC, GNLU,

Criminal Law Review © 2020. All Rights

Potrebbero piacerti anche