SVKM’s

JITENDRA CHAUHAN COLLEGE OF LAW

The Code of Criminal Procedure, 1973

SUMMARY TRIAL

SUBMITTED BY: NIRAV HITESH DOSHI

T.Y.LL.B
Academic Year: 2021 – 2022

ROLL NO: D-189

SUBJECT: The Code of Criminal Procedure, 1973
SEMESTER: V

SUBMITTED TO:

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 ACKNOWLEDGEMENT

I record my deep sense of obligation and gratitude to the Professors of Jitendra Chauhan
College of Law, Mumbai, for their constant guidance and persistent encouragement in the
preparation of this humble research. It is my pious duty to express my deep obligation
towards my respected teacher’s for their kindness, grace and many sided benevolences.

I am deeply indebted to all Indian and foreign writers and judges whose writings and
decision have been duly cited in this work and have given me inspiration and light for
preparing this work. I acknowledge my gratitude to those authors also, whose works, though
might not have been citied in this research, and helped me enormously in formulating my
views and enriching my thoughts.

I extend my cordial gratitude to my parents and all family members.

I express my gratitude to the Librarian and all other staff member of Law Library of
Jitendra Chauhan College of Law, Mumbai, for their Co-operation.

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 TABLE OF CONTENTS
INTRODUCTION....................................................................................................................3
WHAT IS A TRIAL?...............................................................................................................3
WHAT IS A SUMMARY TRIAL?........................................................................................4
POWER TO SUMMARY TRIAL..........................................................................................4
PROCEDURE TO FOLLOW SUMMARY TRIAL.............................................................5
RECORD IN SUMMARY TRIAL.........................................................................................7
LANGUAGE OF RECORD AND JUDGMENT..................................................................8
JUDGMENT IN CASES TRIED SUMMARILY.................................................................8
SIMILARITIES BETWEEN SUMMARY TRIAL AND OTHER TRIALS...................10
DIFFERENCES BETWEEN SUMMARY TRIAL AND OTHER TRIALS...................10
CONCLUSION.......................................................................................................................11
BIBLIOGRAPHY..................................................................................................................11

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INTRODUCTION
The Code of Criminal Procedure, 1973,1 is the law that governs procedural aspects. It
provides a mechanism for conducting trials for the offences punishable under the substantive
law, i.e, Indian Penal Code, 1860, and other criminal statutes. The word ‘trial’ has not been
defined in the Code. 

The stage of a trial begins after the ‘framing of charges.’ The nature of a trial is determined
on the basis of gravity and seriousness of the offence, jurisdiction and the substantive law
applicable to it. The purpose of having different procedures of trial is speedy disposal of
cases and thereby reducing the pendency of cases.

In this Project, a summary trial and its intricacies have been discussed.

WHAT IS A TRIAL?
Trial is the process in a court of law where a judge or a magistrate listens to evidence and
decides if somebody is guilty of a crime or not. A trial is a coming together of parties to
a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with
the authority to adjudicate claims or disputes. There are 4 types of trial of offences in Indian
legal system namely Trial by Court of Session, Trial of Warrant case, Trial of Summons
case, Summary trials.

The tribunal, which may occur before a judge, jury, magistrate or other designated trier of
fact, aims to achieve a resolution to their dispute.

The term “trial” is not defined anywhere in the Code of Criminal Procedure, however, it
means a commonly understood stage of trial that begins after the preparation of the charge
and ends with conviction or acquittal.

In simple terms, a trial can be defined as a formal examination of evidence by a judge,

usually before a jury, so as to decide a crime in a criminal or civil proceeding case.

The trial of the accused for the crime committed by him is divided into four types: –
1
https://www.advocatekhoj.com/library/bareacts/codeofcriminalprocedure/index.php?Title=Code%20of
%20Criminal%20Procedure%20Act,%201973

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  Trial by Court of Session
 Trial of Warrant cases
 Trial of Summons Cases
 Summary trials

Legal Provisions for the Trials in Criminal Procedure Code

 Sections 225-237 deal with trial of warrant cases by a Session court.

 Sections 238-250 deal with trial of warrant cases by magistrates.
 Sections 251-259 provides procedure for trial of summons cases by magistrates.
 Sections 260-265 make provisions relating to summary trials.

WHAT IS A SUMMARY TRIAL?

Summary trials are quickly disposed of and with the basic procedure of recording the trials.
A summary trial is established on the legal maxim ‘justice delayed is justice denied’. It is
noted that the summary is simply in recording the proceedings and not in directing the
proceedings. In every case, proceedings have to be done cautiously and prudently. A
summary trial denotes that the case is tried and disposed at once. Such trial is not available to
cases that are difficult and require a long process of analysis. Access to summary trial even
in small cases prevents a failure of justice which would have otherwise taken some years to
complete the proceedings. Section 260 to 265 of Code of Criminal Procedure, 1973, 2 deals
with the summary trials.

POWER TO SUMMARY TRIAL

The power to try a case summarily is laid down under Section 260 of the Code of Criminal
Procedure, 1973.3

S.261 and S.262 contain the types of cases that can be heard by first-class and second-class
magistrates, respectively. In the case of a chief magistrate or metropolitan magistrate or a
first-rate magistrate, the following cases may be heard:
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. The receipt or retention of stolen goods/property under 200 rupees as set out in
Section 411 of the Indian Penal Code.
2
Ibid
3
https://indiankanoon.org/doc/1088849/

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 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 IPC.
5. Offences covered under Section 454 and Section 456 of IPC.
6. If a person insults with the intention of provoking a breach of peace under Section
506 of IPC.
7. The abetment of any of the above-mentioned offences 
8. If an attempt is made to commit any of the aforementioned offences and if such an
attempt is a punishable offence
9. 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

The Court of a Magistrate of second class is empowered under Section 29(3) of the Code of
Criminal Procedure, 19734 to pass a sentence of imprisonment for not more than one year
or of a fine, not more than 5000 rupees, or both.

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 TO FOLLOW SUMMARY TRIAL

Under Section 262 of the Code of Criminal Procedure, 1973,5 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.

4
https://indiankanoon.org/doc/907152/
5
https://indiankanoon.org/doc/1799424/

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The procedure for a summons case can be briefly stated as follows:

REGISTRATION OF FIR AND INVESTIGANTION:

For a criminal procedure to begin, the first step is to file an FIR or a complaint. This is
investigated upon by the police and evidence is collected. At the end of the investigation, a
charge sheet is filed by the police. This is also called the pre-trial stage.

BEFORE MEGISTRATE:

The accused is brought or appears before a Magistrate and the particulars of the offences
must be clearly conveyed to the accused. In case of summary and summons trials, charges
are not framed by writing the charges down.

Plea:

The accused may either pleas guilty or not guilty.

CONVICTION IN CASE OF GUILTY PLEA

The Magistrate records the statement of the accused and the may be convicted at the
discretion of the Magistrate.

When the accused does not appear before the Magistrate to plead guilty, then he is to send
1000 rupees along with a letter containing his guilty plea.

In the Case of Purushottam Sabra v. state of Orissa,6 the court held that the accused
cannot simply be convicted by the Magistrate if the accused pleads guilty if the report given
by the prosecution does not provide any offences allegedly made by the under any statute.

PLEA OF NOT GUILTY

In this scenario, the proceedings continue with the trial. The Magistrate hears both the
prosecution and the accused. He also examines all witnesses to the case.

JUDGEMENT:

6
1992 Cri LJ 1417 (Ori)

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The accused may either be acquitted or he may be convicted. If he is acquitted, the
Magistrate will record an order of acquittal. Conversely, the accused may be convicted and
sentenced.

In the Case of D.M.Seth v. Ganeshnarayan R. Podar,7 the court held that if there seems to
be no reasonable grounds for making an accusation, the Magistrate may order the accused to
be compensated by the accuser after the Magistrates calls upon the accuser to show cause for
such an accusation.

SENTENCE IN CASE IF SUMMARY TRIAL:

In summary trials, a convict cannot be sentenced to imprisonment for a period of time longer
than 3 months.

JUDGEMENT:

The Magistrate’s judgment in cases where the accused does not plead guilty will only
include the following under Section 264 of CrPC:

 The content of the evidence.

 Briefly explain the reasons why such a finding was found by the magistrate.

RECORD IN SUMMARY TRIAL

In each summary, the following details must be recorded in accordance with Section 263 of
the CrPC:8

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

1. Serial number of the case

2. The date on which the offense was committed
3. The date when the report or the complaint was filed
4. The name of the complainant, if any
5. The name, residence and parents’ name of the accused person
6. The offence about which the complaint has been made and any proven offence (if it
exists)

7
1993 Cri LJ 1899(Bom)
8
https://indiankanoon.org/doc/154324/

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 7. 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
8. The plea of the accused person and his examination, if any
9. The finding of the Court
10. The sentence or any other final order passed by the Court
11. The date when the proceedings ended.

LANGUAGE OF RECORD AND JUDGMENT

The provision governing this heading is under Section 265 of the Code of Criminal
Procedure, 1973.9

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.

JUDGMENT IN CASES TRIED SUMMARILY

Section 264 of the Code of Criminal Procedure, 197310 lays down how a judgment should
be in cases which are tried summarily.

The Magistrate has the duty to record the substance of the evidence along with a judgment
containing a brief statement of the reasons for such finding, in all summarily tried cases
where the accused does not plead guilty.

Under Section 326(3)11 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.

 Shivaji Sampat Jagtap vs. Rajan Hiralal Arora12

9
https://indiankanoon.org/doc/392607/
10
https://indiankanoon.org/doc/1088810/
11
https://indiankanoon.org/doc/1264755/
12
2007 CriLJ 122

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 In this case, 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.

 Asghar Ali vs. Chidda13

In this case, it was held that the limit of imprisonment denotes only to the substantive
sentence, not to other sentences of imprisonment in default of payment of a fine. And the
magistrate can punish a sentence of imprisonment in default of payment of fine and
maximum sentence of 3 months imprisonment which he has enforced for the offense.

 Subramanya Ayyar vs. the Queen14

In this case court said that, “When the law permitted a Magistrate to try a case summarily, it
provided, as a safeguard for the accused, that in non-appealable cases the record, and in
appealable cases the judgment, should be written by the presiding officer. It contained no
provision enabling him to depute that duty to a clerk. Section 264of CrPc requires to the
Magistrate, where the accused had not pleaded guilty, to record the substance of evidence
and judgment and its reasons thereof in brief. The substance of evidence is to be recorded at
the time when such evidence is formed before the Court”.

 Empress of India vs. Karan Singh15

13
AIR 1982 All 186
14
(1883) ILR 6 Mad 396
15
(1875) ILR 1 All 680

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In this case Allahabad High Court said that that if the evidence is not sufficient, the
Magistrate may be required to do so even after examining the witness, or a re-trial may be
ordered. All the records and judgment has to be written in the language if the Court. The
Magistrate must write his full name and the mere putting in of the initials is not sufficient.

SIMILARITIES BETWEEN SUMMARY TRIAL AND OTHER TRIALS

There are certain similarities in summary trials and regular trials. In all the trials, the
evidence is collected, a record is maintained, charges are read over to the accused, the
accused person is examined, a competent Magistrate conducts the proceedings and finally an
order/judgment is delivered. Another common factor is that ‘illegality’ vitiates the entire
trial, but ‘irregularity’ does not.

DIFFERENCES BETWEEN SUMMARY TRIAL AND OTHER TRIALS

1. Summary trials are less complicated in comparison to warrants and summons trials.
2. The procedure followed in summary cases is shorter and less time consuming than
other trials.
3. Summary trials deal with cases that consist of minor offences of simple nature as
opposed to serious cases which are tried in summons/warrant trials.
4. The statements of witnesses are compiled in a brief and general manner in summary
trials. Focus is placed on recording the substance of their depositions. In other trials,
the depositions of all the witnesses are recorded with minute intricacy.
5. The Magistrate does not have to frame formal charges against the accused person in
summary trials. In other trials, a formal charge has to be written down.
6. In the case of summary trials, it is not essential to record the evidence in its entirety.
A brief outline works. In other trials, it is crucial that the entire evidence is recorded
completely.

CONCLUSION
In India, there are two twin-laws which govern the criminal procedure followed in the
country. The substantive law is covered by the Indian Penal Code, 1860 along with other
criminal acts and the procedural law is covered by the Code of Criminal Procedure, 1973.

The primary aim of any criminal justice system is to ensure that the citizens have the
opportunity for a free and fair trial. It is well known that the pendency of cases is extremely
high in India and the judiciary is overburdened. Trials take years to complete which is a

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continuous and tedious process. Therefore, it has been divided into three categories
according to the gravity of the offences. Summary trials offer an opportunity to the citizens
to get justice even for the smallest issues that they face. It maintains a balance by providing
justice and not overburdening the higher court with petty offences.

BIBLIOGRAPHY
BOOKS:

 BARE ACT, The Code of Criminal Procedure, 1973

WEBSITES:

 https://www.legalbites.in/
 https://indiankanoon.org
 https://www.ncertbooks.guru/llb-books/
 https://www.scconline.com/
 http://www.legalserviceindia.com/article/
 https://legislative.gov.in/sites/default/files/A1974-02.pdf
 https://www.advocatekhoj.com/library/

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