Summary Trials in CrPC

There’s no official definition for the word “Trial.” It may also be referred to as “the hearing of statements and the presentation of objects, etc. in a law court to determine whether a person is guilty of a crime or to decide a case or a legal matter.” The trial is used in situations where the accused person is up for conviction or is exonerated by the court. The three types of trial procedures are warrant case, summary trial, and summons case.

Summary trials in crpc are trials that are quickly concluded and have a streamlined recording approach. They are founded on the legal adage that "justice postponed is justice denied." It is crucial to remember that the summary serves merely to record the proceedings, not to carry them out. In every situation, the process must be conducted with caution and common sense. In a summary trial, the matter is tried and decided all at once. The rules governing summary trials are covered in Sections 260 to 265 of the Code of Criminal Procedure, 1973 (CrPC).

Important Sections About Summary Trials

1. Section 251- Provides for the examination of the accused person
2. Section 260- Power of the Court to try the summarily
3. Section 261- Power of the Magistrate of the second class to try the case summarily
4. Section 262- Procedure for summary trials
5. Section 263- Record in summary trials
6. Section 264- Judgement of cases tried summarily
7. Section 265- Language of the record and judgement
8. Section 326- If a case is partly heard by one magistrate and partly heard by another.

Competent Magistrate

• Chief Judicial Magistrate – Section 260(1)(a)
• Metropolitan Magistrate – Section 260(1)(b)
• Judicial Magistrate Class I empowered by High Court – Section 260(1)(c)
• Judicial Magistrate Class II empowered by High Court- Section 261.

Offences Tried Summarily

In case, the case is tried by a Chief Magistrate, metropolitan magistrate or first class magistrate, the following are the types of cases that can be tried so by them.

1. Offences that cannot be charged with capital punishment or imprisonment exceeding 2 years.
2. Theft as explained in sections 378, 380 and 381 of IPC provided that the value of the stolen items does not exceed Rs 200.
3. Confiscation of any stolen property worth not more than Rs 200.
4. Assisting in the seclusion of any of the stolen goods.
5. Trespassing into an individual’s property without due consent of that individual as per section 454 of IPC
6. Criminal intimidation as per section 504 of IPC.
7. Instigation of any of the offences

In case the case is tried by a magistrate of second class, the following are the categories of offences that can be tried by them.

1. Offences that have a punishment of less than 6 months with or without a fine.
2. Any offence with which the penalty of it is just a fine.
3. Instigation or attempt to commit any of the following offences.

Procedure In Summary Trials

1. Filing a formal complaint, or filing a FIR.
2. Evidence is gathered while the police investigate. At the end of their investigation, the police file a charge sheet. Before conviction, this is frequently referred to as the pre-trial phase. statement. If the defendant doesn’t, the trial will start.
3. The method for summary trials is outlined in Section 262 of the CrPC. The accused is then brought before the Magistrate, who orally reads the details of the charges to him.
4. A formal charge is not laid down in summons and summary trials. After outlining the specifics of the offence, the Magistrate asks the accused if he pleads guilty or not guilty. If the accused pleads guilty, the Magistrate creates a record of the accused’s statement before proceeding to conviction.
5. The trial will begin if the accused does not enter a plea of guilty. Both the prosecution and the defence are given equal time to present their cases.
6. The judge will next decide whether the defendant is acquitted or not. In most circumstances, the distinction is made at this point. If the accused is found guilty by the judge, the maximum jail penalty that can be imposed is three months.

Particulars To Be Recorded In Summary Trials

The following are the particulars that are to be recorded in a summary trial proceeding-

1. Serial no of the case
2. The date on which the offence was committed
3. The date on which the complaint was made
4. Name of the guardians of the accused
5. Name and address of the accused
6. The value of the property stolen in case the offence is theft
7. The plea of the accused and the examination in furtherance of the plea
8. Discovery of the magistrate
9. Judgment of final order of the magistrate
10. The date on which the trial concludes.

Punishment In Summary Trials

• According to Section 262(2), punishment in a summary trial cannot exceed more than three months.
• According to Section 260(2), during the summary trial, if it appears to the Magistrate that it is undesirable to try the case summarily, the Magistrate may recall the witness already examined and rehear the case in any other manner provided in the code.

Difference Between A Summary Trial And A Regular Trial ⁤

• Recording of Evidence: In a normal trial, the proof is recorded in detail, while in a summary trial, just the pith of the proof is recorded. ⁤
• ⁤Nature of Offenses: Summary trials manage minor offences, while regular trials can deal with both minor and serious offenses. ⁤
• ⁤Time period: Summary trials are closed all the more rapidly, while regular trials can take significantly longer because of the detailed system included. ⁤
• ⁤Punishment: In a summary trial, the punishment is restricted to 90 days of detainment, while in normal trials, the punishment might extend relying upon the gravity of the offense.

Key Features Of Summary Trials

Summary trials have certain unique features that set them apart from regular trials. Let’s explore some of the key features of summary trials under CrPC:

• Expedited Process: One of the primary features of summary trials is the expedited process. The timelines for various stages of the legal process, such as investigation, filing of charges, and conducting the trial, are significantly reduced compared to regular trials. This ensures that the case progresses swiftly and is disposed of in a timely manner.
• Simplified Procedure: The procedure for summary trials is simpler compared to regular trials. The court has the discretion to skip certain formalities, such as recording detailed evidence, and can rely on a summary of evidence to arrive at a decision. The rules of evidence are also relaxed, making the process less formal and more efficient.
• Limited Punishment: Summary trials are meant for cases where the maximum punishment is up to two years of imprisonment, although in some cases, it may be extended to three years with the consent of the accused. This ensures that only offences of a certain gravity are tried summarily, and cases with higher potential punishments are dealt with through regular trials.
• Limited Right of Appeal: The right of appeal in summary trials under the Criminal Procedure Code is limited compared to regular trials. An accused can only appeal to a higher court on points of law, rather than on questions of fact or mixed questions of law and fact. This helps in expediting the appellate process and reduces delays in the disposal of cases.
• Summary Disposal: One of the unique features of summary trials is the provision for summary disposal. If the accused pleads guilty, and the court is satisfied, the case may be disposed of summarily without a full-fledged trial. This further accelerates the process and helps in the quick resolution of cases.

Landmark Judgments

• State of Bihar v. Deokaran Nenshi and Others (1972)

In this case, the Supreme Court of India held that the essence lies in providing a speedy and inexpensive trial to the accused. It emphasized that summary cases should not be turned into mini-trials by allowing unnecessary adjournments or permitting extensive cross-examinations.

• Ramachandra Rao v. State of Karnataka (2002)

The Supreme Court held that the court conducting it should still adhere to the principles of natural justice and ensure a fair hearing. The accused should be given an opportunity to defend themselves and present their case adequately, even though the procedure is simplified.

• Kishan Lal v. Dharmendra Bafna (2014)

The Supreme Court clarified that the power to conduct it should be exercised judiciously by the magistrate. The magistrate should consider factors such as the nature of the offense, the seriousness of the allegations, and the impact on the accused while deciding whether this trial is appropriate.

Conclusion

The criminal procedure in India is governed by two twin statutes. The CrPC is the procedural law, and the Indian Penal Code, of 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. According to the seriousness of the offences, trials are separated into three categories and take years to complete. Summary trials in crpc  provide people with a chance to obtain justice for even the slightest grievances in a short span of time.

About The Author:

Adv. Kishan Dutt Kalaskar brings a wealth of expertise to the legal field, with an impressive 39-year career in legal services, complemented by 20 years as a judge in various capacities. Over the years, he has meticulously read, analyzed, and prepared Head Notes for more than 10,000 judgments from High Courts and the Supreme Court, many of which have been published by renowned law publishers. Advocate Kalaskar’s specialization spans across multiple areas of law, including Family Law, Divorce, Civil Matters, Cheque Bounce, and Quashing, marking him as a distinguished figure known for his deep legal insights and contributions to the field.