Sub: Cr.

PC
Topic: Nature and Purpose of Summary Trial

Introduction:
A Trial is a procedure where the Court adjudicates after hearing the case from both sides. It
gives a fair opportunity to examine, re-examine and cross-examine the witnesses produced in
the court. The judge delivers a judgment on the basis of the merits of the case. It is essential
that the trial is fair, prudent and without any undue influence.

There are three kinds of trials primarily – warrant, summons and summary.

Summary Trials are mentioned in Chapter XXI of the Code of Criminal Procedure,1973. In
this trial, the cases are disposed of speedily as the procedure is simplified and the recording
of such cases are done summarily. In this type of trial, only the offences which fall into the
small/petty category are tried. Complex cases are reserved for warrant or summons trial. To
determine whether a case should be tried summarily, the facts stated in the complaint, form
the primary basis.

Objective/Importance

The objective of summary trials is the expeditious disposal of cases to lessen the burden on
the judiciary. The trial gives a fair opportunity to people for procuring justice in less time.

The legal provisions governing summary trials under the Code of Criminal Procedure,
1973 are Section 260 to Section 265. 

Powers
The power to try a case summarily is laid down under Section 260 of the Code of Criminal
Procedure, 1973.

The provision bestows power to any Chief Judicial Magistrate, Metropolitan Magistrate or
Magistrate of the first class empowered by the High Court to try the following offences
summarily:

1. Offences which are not punishable with death, imprisonment for life or imprisonment for
more than two years.
2. The offence of theft under Section 379, 380 or 381 of the Indian Penal Code, 1860 if the
value of the stolen property is not more than 2000 rupees.
3. An offence where a person has received or retained a stolen property worth not more
than 2000 rupees, under Section 411 of the Indian Penal Code, 1860
4. An offence where a person has assisted in concealing or disposing of stolen property, not
worth more than 2000 rupees, under Section 414 of the Indian Penal Code, 1860
5. Offences covered under Section 454 and Section 456 of the Indian Penal Code, 1860
6. If a person insults with the intention of provoking a breach of peace under Section 504 of
the Indian Penal Code, 1860
7. In the case of criminal intimidation punishable with imprisonment up to two years or fine
or both, under Section 506 of the Indian Penal Code, 1860.
8. The abetment of any of the above-mentioned offences 
9. If an attempt is made to commit any of the aforementioned offences and if such an
attempt is a punishable offence
10. If an act is committed which constitutes an offence, for which a complaint can be filed
under Section 20 of the Cattle Trespass Act, 1871

If the Magistrate feels at any point of the process of trial, that the nature of the case is not fit
to be tried summarily then he has the power to recall any witness who may have been
examined. After this, he can proceed for rehearing of the case, according to the procedure
prescribed in this Code.

Summary trial by a Magistrate of second class

Under Section 261 of the Code, the High Court is vested with the power to confer upon the
Magistrate of Second Class, the power to try an offence summarily. The offence should be
punishable either solely with a fine or with imprisonment for not more than six months
with/without fine. The scope extends to any abatement or attempts to commit any such
abovementioned offence.

Procedure
Under Section 262 of the Code of Criminal Procedure, 1973, the procedure for summary
trials has been laid down.

The procedure followed for summon cases has to be followed for summary cases as well. The
exception in summary trials is, that a sentence exceeding the duration of three months cannot
be passed in case of conviction under this Chapter.

Record in summary trials

The procedure to formulate a record in summary trials is laid down in Section 263 of the
Code of Criminal Procedure, 1973.

In all summary cases, the Magistrate has the duty to enter the following particulars, in the
following format prescribed by the State Government:

a. The serial number of the case;

b. The date of commission of offence;
c. The date of the report or complaint;
d. The name of the complainant, if any;
e. The name, residence and parents’ name of the accused person;
f. The offence about which the complaint has been made and any proven offence (if it
exists);
g. The value of the property regarding which the offence has been committed, if the case
comes under Section 260(1) (ii) or Section 260(1) (iii) or Section 260(1) (iv) of the
Code;
h. The plea of the accused person and his examination, if any;
i. The finding of the Court;
j. The sentence or any other final order passed by the Court;
k. The date when the proceedings ended.

Judgments in cases tried summarily

Section 264 of the Code of Criminal Procedure, 1973 lays down that, 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
findings.

Case Law:

Under Section 326(3) of the Code of Criminal Procedure, 1973 the use of pre-recorded
evidence by a successor judge is barred in the instance when the trial has to be conducted
summarily, according to Section 262 to 265 of the Code.

In Shivaji Sampat Jagtap vs.  Rajan Hiralal Arora, it was held by the Bombay High Court
that if the procedure mentioned in Section 263 and Section 264 of the Code has not been
particularly followed, then the succeeding Magistrate does not need to hold a trial de novo. In
this case, the petitioner filed a complaint under Section 138 of the Negotiable Instruments
Act,1881. The Magistrate issued the process, summons to the accused was served and
consequently, his plea was recorded. But before the Magistrate could deliver the judgment, he
ceased to have jurisdiction and was succeeded by another Magistrate.

The new Magistrate delivered a judgment on the basis of evidence which was recorded by his
predecessor. An appeal was filed that the new Magistrate should have conducted a de novo
trial as contemplated under Section 326(3) as the predecessor had conducted the case as a
summary trial. As this was not done, it was contended that the entire proceeding was vitiated.
The Sessions Court then quashed the conviction. Therefore, this revision application was
filed. It was held by the Court that the present case was not tried summarily. It was, in fact,
tried as a summons case. Therefore, the impugned judgment was quashed.

Language of record and judgment

Section 265 states that; All the records and judgments are to be written in the language of the
concerned Court. The High Court can bestow the power upon any Magistrate who is
empowered to try offences summarily, to prepare the above-mentioned record or judgment or
both. This can be done through an officer appointed for the purpose by the Chief Judicial
Magistrate as well. Such record or judgment prepared has to be signed by the Magistrate.

Conclusion of the Summary Trial under CrPC

The purpose of a summary trial is to eliminate unnecessary obstruction by a defendant who

does not have a defense and to reach a speedy conclusion in a timely manner. Summary
hearings are conducted in Rule 1, The Supreme Court, Civil City Courts, and Small Business
Courts. It can also be presented in other courts.

Bibliography/Reference:

https://blog.ipleaders.in/summary-trial-code-criminal-procedure-1973/

www.cibilrank.cibil.com

https://lawstudy.in/summary-trial