About Summary Trial in Criminal Procedure Code

• In India, a summary trial is a procedure used for the speedy disposal of certain types of criminal cases. It is governed by Chapter XXI and Sections 260 to 265 of the Code of Criminal Procedure (CrPC). They are conducted for offenses punishable with a maximum imprisonment of two years, or with fine only, or with both. These offenses are categorized as “petty offenses” under the CrPC. Examples of such offenses include simple cases of assault, theft, mischief, cheating, and other minor offenses. Its procedure is designed to ensure a swift and efficient trial. It’s important to note that these trials are not applicable to serious offenses such as murder, rape, dacoity, or offenses punishable with life imprisonment. For these cases, regular trial procedures are followed to ensure a more comprehensive examination of evidence and a fair trial.

Sections dealing with summary trial in the Cr.P.C.

Features

• Simplified Procedure: The procedure is less formal compared to regular trials. The court has the discretion to dispense with certain formalities and adopt a summary procedure.
• Speedy Disposal: This trial is intended to facilitate quick disposal of cases. The court is mandated to complete the trial within a period of six months from the date of the first appearance of the accused.
• Single Judge: They are presided over by a magistrate who acts as a single judge. The magistrate has the authority to decide on the guilt or innocence of the accused and pass a sentence.
• Limited Punishment: The maximum punishment that can be imposed herein is three months of imprisonment.
• Waiver of Appeal: The accused herein has the option to waive the right to appeal against the conviction and sentence. If the accused waives the right to appeal, the judgment becomes final and cannot be challenged in a higher court.
• Summary Powers: The magistrate conducting the trial has the power to convict the accused based on the evidence presented during the trial. However, the magistrate must record reasons for the conviction in writing
• Procedure: The procedure to be followed is the procedure specified in the Cr.P.C. for the trial of summons-case.

Record

As per section 263 of the Cr.P.C, in every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:

(a) the serial number of the case

(b) the date of the commission of the offence

(c) the date of the report or complaint

(d) the name of the complainant (if any)

(e) the name, parentage and residence of the accused

(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii) or clause (iv) of sub-section (1) of section 260, the value of the property in respect of which the offence has been committed

(g) the plea of the accused and his examination (if any)

(h) the finding

(i) the sentence or other final order

(j) the date on which proceedings terminated.

Judgment

As per section 264 and 265 of the Cr.P.C., ‘in every case tried summarily 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’, and ‘every such record and judgment shall be written in the language of the Court.’

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.
• Gopi Nath Ghosh v. State of West Bengal (2015): The Supreme Court held that the magistrate conducting this trial should provide reasons for the conviction in writing. The reasons should demonstrate that the magistrate has applied their mind to the evidence presented and that the conviction is based on a proper evaluation of the evidence