(1) Introduction:
The trial could be different in every criminal case, depending on the seriousness of the offence in the provision of the criminal procedure code.
There are different types of trials, including summary trials, summons case trials, warrant case trials, trials in the high court, and trials in the sessions court. The summary is slightly different from the trial session and the warrant trial.
The primary purpose of a summary trial is to expedite the disposal of cases. In this article, we will discuss the summary trial under sections 260 to 265 of the Code of Criminal Procedure, 1974, which mainly deals with the summary trials. Before discussing the details of the summary trial, let us know what the trial means.
(2) What is the trial?
The Code of Criminal Procedure (sort CRPC) 1973 is a procedural law, and the court would trial offences under the provisions of the India Penal Code (IPC), following the rules of the CrPC. During the trial, the presiding officer should keep in mind that the accused person is innocent until the allegation against him is proven. In the same way, criminal persons must be punished for the crime.
There is no definition mentioned in the trial in the Criminal Procedure Code. Still, we can understand that the meaning of a trial is a stage of proceedings that starts after the framing of the charge and ends with the conviction or acquittal.
(3) What are summary trials?
The legal definition of a summary trial is in the Collins Dictionary of Law.2006 is that “Summary trial” in criminal procedure a trial without a jury decided upon both the facts and the law by a judge who may be legally qualified or maybe a magistrate (who has legal advice if required)[1].
Maximum sentences are usually lower than in cases prosecuted on indictment. A summary trial, depending on the jurisdiction, usually involves a swifter procedure and a lessening of the procedural requirements associated with severe cases. Thus, it is unlikely that the requirements of notice and lodging of documents will be so strict, and the presence of shorthand writers is unlikely to be a requirement or indeed an option. In England, an offence that may be charged whether on indictment or in a summary court.”
As per Wikipedia, the summary trial definition is “The summary trial, a trial of a person on a criminal charge, without a jury. A trial in a summary proceeding.” [2].
After referring to the above definition, the summary trial is a trial that speedily disposes of cases with a simple procedure of recording the prosecution. The object of the summary trial is to dispose of cases quickly. In the summary proceeding, a formal charge is not framed.
A summary trial means a summary, likewise, only with respect to a recorded proceeding, and these proceedings are not the type of procedures that would be used in any other criminal case. That’s why proceedings of the summary trial should be done correctly and preferably under the law.
(4) Provision Of summary trial: (sections 260 to 265 )
Chapter XXI of the Code of Criminal Procedure,1974 (Crpc) lays down the provisions under sections 260 to 265 of a summary trial.
Section 260. Power to try summarily:
According to this section, any Chief Judicial Magistrate, Metropolitan Magistrate, or any Magistrate of the first class, which is specially empowered on this behalf by the High Court, may try in a summary trial.
(5) Which offences were tried summarily?
The answer to the question is dependent on the facts of the complaint and the testimony of the complainant. (and any witnesses, if necessary).
The Magistrate is indeed a competent authority to dispose of any case Trial summarily, and he is empowered to do so. Still, he must try only some cases routinely as a summary trial.
First, he has to find out whether the facts mentioned in the complaint and the allegations made against the accused are actual or not.
These types of offences are triable as a summary trial.
- Offences which are not covered are punishable by death, as well as imprisonment for life or imprisonment for a term of more than two years;
- A theft, which is defined under sec.379,380 or 381 of IPC, is the value of such stolen property in not more than 2000 rupees.
- As per under sec.411 of IPC, to receive or retain a stolen property that is not valued more than 2000 rupees.
- As per under sec.414 of IPC, for assisting the concealment or disposal of stolen property, which is not valued more than2000 rupees.
- Offences are defined under sec.454 and 456 of IPC.
- To insult any person for the intention to provoke a breach of peace. as well as criminal intimidation, which is punishable by imprisonment, which may extend to two years, or with a fine, or with both under sec.506 of IPC.
- abetment of any of the preceding offences;
- Trying to attempt to commit any forgoing offences such an attempt is also an offence.
- Any offence which is committed and the complaint made out under sec.20 of the Cattle-trespass Act 1871.
(6) Procedure for summary trials.
As we know, the Criminal Procedure Code 1974 is a procedural law that covers the trial process of criminal offences committed by the accused under the Indian Penal Code.
So, when we talk about the procedure of summary trial under section 262 of the CRPC, there is little difference between the summary trial and the summons trial. All procedures are the same, but the summary trial is different. In the case of any conviction under this Section 262(2), no sentence of imprisonment for a period exceeding three months shall pass.
(7) Record in a summary trial.
Section 263 deals with the Record in the summary trials. In all cases summarily tried, the Magistrate shall enter the following particulars in the form that the Government of the State can direct, namely:[3].
(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 were terminated.
(8) Judgments in cases tried summarily:
The Magistrate shall record the content of the evidence and a decision containing a brief statement of the reasons for the finding of each summary trial in which the accused does not plead guilty.
(9) Language of Record and judgments.
According to section 265 of CrPC, we should know that every Record, as well as judgment, should be written in the Court language.
The High Court may authorize any Magistrate empowered to try offence summarily to prepare the Record and judgment, or both there should be signed by such Magistrate, who is appointed on behalf of the Chief Judicial Magistrate.
(10) What is the difference between a summary trial and a regular trial?
There are many differences between a summary trial and a regular trial, which are given below.
(1) The summary trial is easy and straightforward, while the Regular trial is much more complex compared to a summary trial.
(2) A summary trial procedure is a short-term procedure compared to a regular trial.
(3) No formal charge is required for the Magistrate to be framed in summary trials, but a formal charge sheet must be drawn up in regular trials.
(4) In a summary trial, the recording of evidence is optional; only a basic summary is enough. However, in a regular trial, it is compulsory to record all the evidence.
(5) In the summary trial, the only basis of the witness’s evidence to be kept is that there is no need to maintain a separate record of each piece of evidence, but in a regular trial, every witness’s separate Record must be kept.
Reference:
(1) The legal definition of a summary trial is defined in the Collins Dictionary of Law.2006.
(2) The summary trial definition Wikipedia.
(3) Section 263, The Code of Criminal Code, 1974.
