Summary Trial

 Chapter XXI [Sections 260 – 265] of Cr.P.C. deals summary trial

Meaning of Summary Trial: According to 41st Report of Law Commission of India:

Summary Trial is an abridged form of regular trial and is a short cut in regular procedure & is resorted to in order to save time in
trying petty cases.

Justification of Summary Trial: Law Commission of India in its 41st Report observed that short-cuts in procedure in criminal cases
are not without risks; but in view of the safeguards provided as to
 the type of judicial officers who may exercise this power,
 the nature of the offences that may be so tried and
 the punishment that may be awarded in such trials,
summary jurisdiction is justifiable.

Judicial Officers Empowered to Conduct Summary Trial:

According to Section 260(1) of the Code following judicial officers are empowered to conduct summary trial:
(a) any Chief Judicial Magistrate
(b) any Metropolitan Magistrate
(c) any Magistrate of the first class specially empowered in this behalf by the High Court,may, if he thinks fit, try in a summary
way
Note: In addition to the abovementioned judicial officers, according to Section 261 of the Code, the High Court may confer on any
Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is
punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or
attempt to commit any such offence.
Note: If any Magistrate not being empowered by law in this behalf tries an offender summarily, then according to clause (m) of
Section 461, such proceedings shall be void.

Note: The Magistrate has the discretion to decide whether a case should be tried summarily or not. However, such discretion is
to be used judicially having regard to the circumstances of each case.

Q. Which offences are triable in a summary way?

Ans: According to Section 261(1) of the Code, prescribed authorities may, if he thinks fit try in a summary way all or any of the
following offences: [It is discretionary powers of prescribed authorities to decide the offences summarily]
(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years; [refers to all
offences irrespective of the fact whether any such offence is committed under IPC or any other special enactment]

(ii) theft, under section 379, section 380 or section 381 of IPC, where the value of the property stolen does not exceed two
thousand rupees;

(iii) receiving or retaining stolen property, under section 411 of IPC, where the value of the property does not exceed two
thousand rupees;

(iv) assisting in the concealment or disposal of stolen property, under section 414 of IPC, where the value of such property does
not exceed two thousand rupees;

(v) offences under sections 454 (Lurking house-trespass or house-breaking in order to commit offence punishable with
imprisonment) and 456 (Lurking house-trespass or house-breaking by night) of IPC;
(vi) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation punishable with
imprisionment for a term which may extend to two years, or with fine, or with both, under section 506 of IPC;

(vii) abetment of any of the foregoing offences;

(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;

(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act,
1871.
 Procedure to be Followed in Summary Trial

 According to section 260(1), in summary trial, the procedure specified in this Code for the trial of summons case subject to
the provisons of sections 262 to 265.

Important Note: cases relating to offences covered by clause (ii) to (vi) are mostly warrant cases. However, as the maximum
punishment that can be awarded in a summary trial being only three months' imprisonment [Section 262(2)] and as the offences
are triable only by specially empowered Magistrates and other Senior Magistrates, it has been considered expedient to follow
the summons case procedure.
Therefore, it was felt that no particular advantage would be gained by following the more complicated warrant case
procedure if such warrant cases are to be tried summarily only. [See 41st Report of Law Commission of India, page 181]

 No sentence of imprisonment for a term exceeding 3 months shall be passed in the case of any conviction under this Chapter.
[Section 262(2)]
Note: However, there is no restriction on the amount of fine that can be imposed in accordance with law.

Q. In what situation a summary trial may be given up in favour of a regular trial?

Ans: According to section 260(2) When, in the course of a summary trial it appears to the Magistrate that the nature of the
case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined
and proceed to re-hear the case in the manner provided by this Code.

Note: If there is a change from summary to regular trial, the trial from its inception must be conducted in the regular manner.
Record in Sumary Trials [Section 263]
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; [It is the duty of the trial court to give the substance
of the offence by mentioning necessary facts which constituted the offence]

(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 in Cases tried Summarily:

 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. [Section 264]

Note: The judgment should be such as to enable a court of appeal or revision to know more from its perusal, the nature of the
case, the substance of the evidence and the reasons for the finding so that such courts might be in a position to examine the
correctness or propriety or illegality of such finding.

Note: The judgment referred in section 264 is in addition to the record that has to be maintained under section 263. The record
maintained under section 263 and the judgment under section 264 are distinct and separate.

Language of Record and Judgment:

 Every such record and judgment shall be written in the language of the Court. [Section 265(1)]

 The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or
judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment
so prepared shall be signed by such Magistrate. [Section 265(2)]