TRIAL OF SUMMONS-CASES BY MAGISTRATES [Sections 251-259 (Chapter-XX)]

Sec. 251 - Substance of Accusation to be stated

When the accused appears or is brought before
the Magistrate -
- particulars of offence shall be stated to him &
- he shall be asked whether he pleads guilty or
has any defence to make.

Note: Framing of charge is not mandatory in summons case.

Sec.252 - Conviction on plea of guilty Sec.254 - Procedure when not convicted If the
If the accused pleads guilty, Magistrate Magistrate does not convict the accused u/s 252 or 253,
shall record his plea & may convict him. he shall -
- proceed to hear the prosecution
- take all such evidence produced in support of prosecution, &
Note: Sec.253 Conviction on plea of guilty in - also hear the accused & take all such evidence as he
Absence of accused in petty cases - produces in his defence.
Where summon is issued u/s 206 & the accused
desires to plead guilty without appearing before
the Magistrate, he shall transmit his plea along
with fine amount to the Magistrate through post,
or messenger or letter.

Sec. 255(1) Order of Acquittal

If the Magistrate upon taking evidence
referred to in sec.254 & such further
evidence, as he may, on his own motion
cause to be produced, finds the accused
not guilty, he shall record an order of
acquittal.
Sec. 255(2) Passing of Sentence
If the Magistrate does not proceed with sec. 325
or 360, he shall, if he finds the accused guilty,
pass sentence upon him according to law.
 Now Lets discuss Trial of Summons Cases in Detail

Relevant Provisions: Sections 251 to 259 (Chapter XX - Trial of Summons Cases to

be Stated)

A. Initial Steps to be taken by the Magistrate:

(i) Explaining the substance of the accusation to the accused:

According to Sec. 251 when, in a summons case the accused appears or is brought
before the Magistrate shall,
 state the particulars of the offence (of which he is accused) to the accused.
 ask the accused whether he pleads guilty, or
 has any defence to make.

Note: It shall not be necessary for a magistrate to frame a formal charge.

(ii) Conviction on plea of guilty:

According to Sec. 252, if the accused pleads guilty, the Magistrate shall record the
plea in the words used by the accused and may, in his discretion, convict him
thereon.

(iii) Conviction on plea of guilty in absence of the accused in petty cases:

Sec. 253, prescribes the procedure where a person to whom summons has been
issued under sec. 206 has transmitted to the Magistrate, by post or by messenger, a
letter containing his plea and also the amount of fine specified in the summons. Sec.
253 reads thus:

(1) Where a summons has been issued under section 206 and the accused desires
to plead guilty to the charge without appearing before the Magistrate, he shall
transmit to the Magistrate, by post or by messenger, a letter containing his plea and
also the amount of fine specified in the summons.
(2) The Magistrate may, in his discretion, convict the accused in his absence, on his
plea of guilty and sentence him to pay the fine specified in the summons, and the
amount transmitted by the accused shall be adjusted towards that fine, or where a
pleader authorised by the accused in this behalf pleads guilty on behalf of the
accused, the Magistrate shall record the plea as nearly as possible in the words used
by the pleader and may, in his discretion, convict the accused on such plea and
sentence him as aforesaid.

B. Evidence for Prosecution & Steps to Follow the Prosecution Evidence

(i) Hearing of Prosecution Case:

According to sec. 254(1), if the Magistrate does not convict the accused under
section 252 or 253, he shall -
 proceed to hear the prosecution case and
 take all such evidence as may be produced in support of the prosecution.
(ii) Evidence for the prosecution:
According to sec. 254(1), the Magistrate shall then take all such evidence as may be
produced in support of prosecution. Further, a Magistrate may:
 if he thinks fit, on the application of the prosecution, issue summons to any
witness directing him to attend or produce any document or thing. [Sec 254(2)]
 before summoning any witness on such application require that the reasonable
expenses of the witness incurred in attending for the purpose of the trial be
deposited in Court. [Sec 254(3)]

(iii) Record of evidence:

In all summons cases tried before a Magistrate, the Magistrate shall:
 as the examination of each witness proceeds, make a memorandum of the
substance of his evidence in the language of the court. In case of his inability, he
shall, record the reason of his inability and cause such memorandum to be made
in writing or from his dictation in open court. [Sec. 274(1)]
 Such memorandum shall be signed by the Magistrate and shall form part of the
record. [Sec. 274(2)]

(iv) Arguments on behalf of Prosecution:

Section 314 enables the prosecutor to submit his arguments after the conclusion of
the prosecution evidence and before any other further step is taken in the
proceedings.

C. Hearing of the Defence Case

(i) Hearing the accused and evidence for defence:

After the personal examination of the accused, if any, u/s 313(1)(b), the Magistrate
shall hear the accused and take all such evidence as he produces in his defence. [Sec
254(1)]. Further, the Magistrate may:

 if he thinks fit, on the application of the prosecution, issue summons to any

witness directing him to attend or produce any document or thing. [Sec 254(2)]
 before summoning any witness on such application require that the reasonable
expenses of the witness incurred in attending for the purpose of the trial be
deposited in Court. [Sec 254(3)]

(ii) Record of evidence for defence:

The same provisions as are applicable in respect of record of evidence for the
prosecution as mentioned above are equally applicable to the record of defence
evidence.

(iii) Arguments for defence:

After the closure of the defence evidence, the defence may submit its arguments.
Sec 314.
D. Acquittal or Conviction:

(i) Acquittal:
If the Magistrate, upon taking the evidence for the prosecution and for the defence,
and such further evidence, if any, as he may on his own motion, cause to be
produced, finds the accused not guilty, he shall record an order of acquittal. [Sec.
255(1)]

(ii) Conviction and Sentence:

Where the Magistrate does not proceed in accordance with the provisions of section
325 or 360, he shall, if he finds the accused guilty, pass sentence upon him according
to law. [Sec. 255(2)]

(iii) Accused can be convicted of an offence not charged:

A Magistrate may, under section 252 or section 255, convict the accused of any
offence triable under this Chapter, which from the facts admitted or proved he
appears to have committed, whatever may be the nature of the complaint or
summons, if the Magistrate is satisfied that the accused would not be prejudiced
thereby. [Sec. 255(3)]

Additional Provisions:

Non- appearance or death of complainant - Sec. 256

(1) If the summons has been issued on complaint, and
 on the day appointed for the appearance of the accused, or any day subsequent
thereto to which the hearing may be adjourned,
 the complainant does not appear,
 the Magistrate shall, notwithstanding anything herein before contained, acquit
the accused, unless for some reason he thinks it proper to adjourn the hearing of
the case to some other day.

Provided that where the complainant is represented by a pleader or by the officer

conducting the prosecution or where the Magistrate is of opinion that the personal
attendance of the complainant is not necessary, the Magistrate may dispense with
his attendance and proceed with the case.

(2) The provisions of sub- section (1) shall, so far as may be, apply also to cases
where the non- appearance of the complainant is due to his death.

Withdrawal of Complaint - Sec. 257

If a complainant, at any time before a final order is passed in any case under this
Chapter, satisfies the Magistrate that
 there are sufficient grounds for
 permitting him to withdraw his complaint against the accused, or
 if there be more than one accused, against all or any of them,
 the Magistrate may permit him to withdraw the same, and
 shall thereupon acquit the accused against whom the complaint is so withdrawn.

Note: Read this along with Section 321 (Withdrawal of Prosecution) and try to
point out the differences between these two provisions.

Power to stop proceedings in certain cases - Sec. 258

In any summons-case instituted otherwise than upon complaint, a Magistrate first
class or, any other Judicial Magistrate (with the previous sanction of the CJM), may:
 for reasons to be recorded by him,
 stop the proceedings at any stage without pronouncing any judgment and
 where such stoppage of proceedings is made after the evidence of the principal
witnesses has been recorded, pronounce a judgment of acquittal,
 and in any other case, release the accused, and such release shall have the effect
of discharge.

Comment:
 Acquittal - The stoppage of proceeding will have the effect of acquittal of the
accused if the stoppage is made after the evidence of the principal witnesses has
been recorded.
 Discharge - If the proceeding is stopped before the taking of evidence, it shall
have the effect of discharge.

Power of Court to convert summon-cases into warrant cases - Sec. 259

When in the course of the trial of a summons- case relating to an offence punishable
with imprisonment for a term exceeding six months:
 it appears to the Magistrate that in the interests of justice,
 the offence should be tried in accordance with the procedure for the trial of
warrant- cases,
 such Magistrate may proceed to re- hear the case in the manner provided by this
Code for the trial of warrant- cases and may recall an witness who may have
been examined.