“TRIAL OF SUMMONS CASE BY MAGISTRATES”

PROJECT BY:
NAME: ABHIGYAT CHAITANYA
COURSE: B.B.A. LL. B (Hons.)
ROLL NO: 1802
SEMESTER: 4

SUBMITTED TO:
Dr. Peter Ladis F.
Assistant Professor of Law

A ROUGH DRAFT SUBMITTED FOR THE PARTIAL FULFILMENT OF THE COURSE

CRIMINAL LAW-II FOR THE DEGREE OF B.B.A. LL. B

February, 2019

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA - 800001
INTRODUCTION

The term “summons cases” has been defined, in a negative sense, under Section 2(w) of the
CrPC as “a case relating to an offence, not being a warrant case”. On the other hand, a
“warrant case” means a case relating to an offence punishable with death, imprisonment for
life or imprisonment for a term exceeding two years1.

The two definitions, thus, lead to the conclusion that the basis of classification between
summons case and warrant cases is the seriousness of the offence. This classification
becomes applicable while determining the type of trial procedure to be adopted in a case. The
trial procedure provided for summons cases is devoid of much formality and technicality as
in warrant cases since the former is relatively less serious in nature. Chapter XX (Ss. 251-
259) of the Criminal Procedure Code delineates the procedure for trial of summons cases.

AIMS AND OBJECTIVES

1. The researcher tends to bring to light, using research and reports to analyse the “Trial
of summons cases by magistrates mentioned under chapter XX of Crpc”.

RESEARCH METHODOLOGY
The researcher will be relying on Doctrinal method of research to complete the project.

HYPOTHESIS
1. The researcher tends to hypothesise that the summary trials are speedier method as
compared to trial by summons cases.

SOURCES OF DATA
The researcher will be relying on both primary and secondary sources to complete the
project.

1. Primary Sources: Acts

2. Secondary Sources: Books, newspapers, journals, cases and websites.

LIMITATION
· There is a time limitation for the researcher to finish the research.

· The researcher is limited to his own self for the research.

1
Section 2(x) of the Code of Criminal Procedure, 1973
MODE OF CITATION

The researcher has used blue book mode of citation for the purpose of citation in his research.

TENTATIVE CHAPTERIZATION

1. Introduction
2. Substance of accusation to be stated to the accused
3. Conviction on plea of guilty.
4. Conviction on plea of guilty in absence of accused in petty cases
5. Procedure when not convicted by the Magistrate
6. Acquittal or conviction
7. The court can convert a summons case into a warrant case
8. Conclusion and Suggestion
9. Bibliography

BIBLIOGRAPHY

BOOKS: -

 . P.S.A. Pillai, Criminal Law, (Lexis Nexis; Thirteenth edition, 2017)

 The Code of Criminal Procedure, 1973,(Lexix Nexis;2018)

WEBSITES: -

 https://www.manupatrafast.in/pers/Personalized.aspx
 https://indiankanoon.org/doc/83180162/
 https://www.casemine.com/judgement/in/56e66ab6607dba6b53436a81