Comparison of summary trials and regular trials

Subject Name: BAL6.2 The Code of Criminal Procedure

Academic Year: 2023-24

Semester: VI

Submitted by

AARYA KHOPKAR

UID: UG21-01

Submitted to

PROF.Ms. Priyanka Mardikar

Assistant Professor of Law

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

JANUARY,2024.

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 Table of contents

Sr.No. Particulars Page. No.

I Introduction 3

II Research objective 3

III Research question 3

IV Research methodology 4

V Summary trail 4

VI Regular trails 10

VII Legal Precedents: Trials in India 18

VIII Comparison of trials: 21

X Conclusion 26

XI Bibliography 27

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Introduction

The words “try” and “trial” have no fixed or universal meaning, but they are words which
must be construed with regard to the particular context in which they are used and with
regard to the scheme and purpose of the measure concerned1.

The justice system relies on two primary types of trials: summary trials and regular trials.
While both aim to deliver a fair verdict, they differ significantly in their approach and
purpose. This research paper delves into a comprehensive comparison of these two trial
structures, analyzing their key characteristics and implications.

Research objective

This research paper seeks to comprehensively analyze the distinctive characteristics of

summary trials and regular trials within the Indian legal system. By dissecting the procedures,
evidentiary rules, sentencing guidelines, and appeal rights associated with each trial type, we
aim to illuminate the practical implications for both the court system and the parties involved.

Research Question:

To what extent do summary trials differ from regular trials in terms of:

 Procedures: How do the steps involved in each type of trial differ, and how does this
impact case duration?

 Evidence: Are there variations in the rules of evidence admissible in each trial
format?

 Sentencing: How do sentencing guidelines and potential penalties differ between

summary and regular trials?

 Appeals: What are the limitations and rights associated with appeals in each trial
type?

Research Methodology:

This research will employ a comparative legal analysis approach. Data will be collected from
the following sources:

 Primary Sources:

1
1 Jibon v. Emperor 34 Cr. L.J. 684; 144 IC 90; 37 CWN 906; AIR 1933 Cal 551; 1933 Cr. C. 911

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 o Relevant sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
governing summary trials (sections 283-287), warrant trials (section) and
summon trails (section).

o Any additional legal statutes or judicial pronouncements related to summary

and regular trials in India.

 Secondary Sources:

o Scholarly articles and legal journals exploring the distinctions between

summary and regular trials within the Indian legal system.

o Credible government reports or official documents outlining procedures and

guidelines for both trial formats.

Summary trail

Summary trials are a type of legal proceeding designed for swift resolution of cases,
particularly minor offenses, to address the backlog in courts and ensure timely justice. These
trials follow streamlined procedures outlined in Sections 283-288 of the BNSS, 2023. The
magistrate empowered to conduct summary trials includes Chief Judicial Magistrates,
Metropolitan Magistrates, and certain Judicial Magistrates Class I and II. Offenses eligible
for summary trial are those not punishable by death, life imprisonment, or more than two
years' imprisonment. Examples include theft of property valued below 2000 rupees and
certain offenses under the Indian Penal Code, 1860.

In summary trials, the same process as summons cases is followed, but the maximum
sentence upon conviction is three months' imprisonment. The procedure involves filing a
complaint or FIR, investigation by police, filing a charge sheet, and the accused being
brought before the magistrate. The magistrate orally informs the accused of the charges and
asks for a plea. If the accused pleads guilty, the magistrate records the statement and proceeds
to conviction. If not, the trial begins with both sides presenting their cases. The magistrate
then decides on acquittal or conviction, with a maximum imprisonment of three months.
Section 286 mandates the magistrate to record evidence before making a decision, and
Section 284 empowers the High Court to appoint designated magistrates for summary trials 2.

2
https://www.myjudix.com/post/summary-trial-bn

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Sections pertaining to summary trail by magistrate.

Section 283(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)

This section of the BNSS deals with the authority of Magistrates to conduct summary trials
for specific offenses. Let's break it down part by part:

Notwithstanding anything contained in this Sanhita: This opening clause clarifies that the
following provisions apply regardless of any other conflicting sections within the BNSS.

(a) any Chief Judicial Magistrate; (b) Magistrate of the first class,
shall try in a summary way all or any of the following offences:
This empowers two types of Magistrates - Chief Judicial Magistrates and Magistrates of the
first class - to conduct summary trials for the listed offenses. These trials are typically faster
and less complex compared to regular trials.

(i) theft, under section 301, section 303 or section 304 of the Bharatiya Nyaya Sanhita,
2023 where the value of the property stolen does not exceed twenty thousand rupees:
This allows summary trials for theft offenses defined under specific sections of the Bharatiya
Nyaya Sanhita (presumably the national penal code), with a limitation. The stolen property's
value cannot exceed twenty thousand rupees for a summary trial to be applicable.

(ii) receiving or retaining stolen property, under section 315 of the Bharatiya Nyaya
Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees:
Similar to the previous point, this provision allows summary trials for offenses related to
receiving or keeping stolen property, again with a value limit of twenty thousand rupees.

(iii) assisting in the concealment or disposal of stolen property under section 315 of the
Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed
twenty thousand rupees:
This extends the scope of summary trials to those who help hide or dispose of stolen property,
as long as the property value remains below the twenty-thousand-rupee limit.

(iv) offences under section 330 of the Bharatiya Nyaya Sanhita, 2023:
This includes offenses related to mischief as defined under Section 330 of the Bharatiya
Nyaya Sanhita within the purview of summary trials.

(v) insult with intent to provoke a breach of the peace, under section 350, and criminal
intimidation, under section 349 of the Bharatiya Nyaya Sanhita, 2023:

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Here, the section allows summary trials for offenses involving intentional insults meant to
cause a disturbance and acts of criminal intimidation as outlined in the Bharatiya Nyaya
Sanhita.

(vi) abetment of any of the foregoing offences:

This provision expands the scope by including those who encourage or assist in committing
any of the previously mentioned offenses. They can also be tried summarily.

(vii) an attempt to commit any of the foregoing offences, when such attempt is an
offence: This covers situations where someone tries to commit any of the listed offenses, and
attempting such act itself is a crime. These attempts can also be addressed through summary
trials.

(viii) any offence constituted by an act in respect of which a complaint may be made
under section 20 of the Cattle-trespass Act, 1871:
This final clause allows summary trials for offenses related to cattle trespass as defined under
the Cattle-trespass Act, 18713.

Section 284: Expanding the Power to Conduct Summary Trials

This section empowers the High Court to grant additional authority for summary trials. Here's
a breakdown:

 The High Court may confer on any Magistrate invested with the powers of a
Magistrate of the second class: The High Court, the highest court in a state, can
grant special permission to Magistrates with the powers of a second-class Magistrate.

 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: This
permission allows these Magistrates to conduct summary trials for offenses with two
key limitations:

o The offense can only be punishable by a fine or imprisonment for a maximum

of six months, or both.

o Offenses punishable only with imprisonment (without a fine option) are not
covered under this provision.
3
section 283 of Bhartiya Nagrik Saraksha Sanhita, 2023

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  and any abetment of or attempt to commit any such offence: The scope is further
widened to include those who encourage or attempt to commit these offenses,
allowing them to be tried summarily as well4.

Section 285: Procedures and Sentencing Limits in Summary Trials5

This section outlines the procedural framework and sentencing limitations for summary trials:

 (1) In trials under this Chapter, the procedure specified in this Sanhita for the
trial of summons-case shall be followed except as hereinafter mentioned.
This clause directs that summary trials follow the procedures established for
"summons cases" within the BNSS, with some potential exceptions that might be
mentioned later (which aren't specified in this section). Summons cases likely refer to
less serious offenses where a summons is issued to the accused to appear in court
instead of an arrest.

 (2) No sentence of imprisonment for a term exceeding three months shall be

imposed in the case of any conviction under this Chapter.
This sets a clear limit on the sentence a Magistrate can impose during a summary trial.
The maximum imprisonment term is capped at three months, even if the original
offense allowed for a higher potential sentence.

Section 286 of the BNSS

This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the mandatory
record-keeping requirements for summary trials conducted by Magistrates.

Key Requirement:

 In every summary trial, the Magistrate must record specific details in a format
prescribed by the State Government.

Mandatory Particulars to be Recorded:

The following information must be documented:

4
section 284 of Bhartiya Nagrik Saraksha Sanhita, 2023
5
section 285 of Bhartiya Nagrik Saraksha Sanhita, 2023

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  (a) the serial number of the case: This assigns a unique identifier to each summary
trial.

 (b) the date of the commission of the offence: This captures the date when the
alleged crime occurred.

 (c) the date of the report or complaint: This records the date when the offense was
officially reported or a complaint was filed.

 (d) the name of the complainant (if any): This identifies the person who brought the
charges against the accused.

 (e) the name, parentage and residence of the accused: This documents the details
of the individual facing the charges.

 (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 283, the
value of the property in respect of which the offence has been committed: This
section captures the details of the alleged offense, the offense proven during the trial
(if different), and for specific offenses related to stolen or damaged property (as
mentioned in clauses (ii), (iii), and (iv) of Section 283(1)), the value of the property
involved.

 (g) the plea of the accused and his examination (if any): This records the accused's
plea (guilty or not guilty) and any statements they may have provided during the trial.

 (h) the finding: This documents the Magistrate's final decision, whether convicting or
acquitting the accused.

 (i) the sentence or other final order: This details the punishment imposed (if any) or
the final outcome of the trial.

 (j) the date on which proceedings terminated: This records the date the summary
trial concluded.

Purpose of Recording These Details:

 Maintaining a clear and official record of the summary trial proceedings.

 Enabling transparency and accountability within the legal system.

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  Facilitating potential appeals or reviews of the summary trial process6.

Section 287: Recording Evidence and Judgments in Not-Guilty Pleas

This section outlines specific requirements when the accused does not plead guilty:

 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.

Here's a breakdown of the requirement:

 If the accused pleads not guilty, the Magistrate is obligated to:

o Record the substance of the evidence presented during the trial. This doesn't
necessitate a verbatim transcript but should capture the key points of witness
testimonies and any presented materials.

o Prepare a judgment document containing a brief statement of the

reasons behind the Magistrate's final decision (conviction or acquittal). This
explanation should provide a basic rationale for the court's finding.

Purpose:

 This ensures a more detailed record is kept for cases where the accused contests the
charges. This detailed record can be crucial for potential appeals or reviews7.

Section 288: Language and Delegation of Recordkeeping

This section deals with the language used for records and the potential for delegation:

 (1) Every such record and judgment shall be written in the language of the
Court.
This mandates that all records and judgments related to summary trials (especially
with not-guilty pleas) must be written in the language officially used by the court.

 (2) 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

6
Section 286 of Bhartiya Nagrik Saraksha Sanhita, 2023
7
section 287 of Bhartiya Nagrik Saraksha Sanhita, 2023

9
 officer appointed in this behalf by the Chief Judicial Magistrate, and the record
or judgment so prepared shall be signed by such Magistrate.

This subsection allows for potential delegation of record-keeping tasks:

 The High Court can authorize specific Magistrates to have an officer appointed by the
Chief Judicial Magistrate prepare the records and judgments (or both) for summary
trials.

 However, the Magistrate remains responsible for signing off on these prepared
documents8.

Regular trails

Regular trials follow a specific set of procedures depending on how the case originates. There
are two main categories: trials initiated by a police report (warrant cases) and those based on
a private complaint (summons cases). Both involve the accused appearing before a
Magistrate, who ensures adherence to pre-trial procedures. The trial progresses with
presentations of evidence by the prosecution and defense, followed by a verdict (acquittal or
guilty) and potential sentencing. In some situations, the Magistrate may dismiss charges,
convert a summons case to a warrant case procedure, or allow the complainant to withdraw
their complaint, all following specific legal guidelines9.

Section pertaining to trail of warrant cases.

Section 261: Ensuring Compliance with Pre-Trial Procedures

Section 261 of the legal code you provided focuses on ensuring compliance with pre-trial
procedures. Here's a breakdown:

 What it does: This provision requires the Magistrate (judge) to verify that the police
report adheres to Section 230 before starting the trial. Section 230 likely outlines
specific requirements for police reports, such as details of the accusation, evidence
gathered, and adherence to proper procedures during investigation.

8
section 288 of Bhartiya Nagrik Saraksha Sanhita, 2023
9
Mughal, Munir Ahmad, Distinction Between Summary and Regular Trial Under Code of Criminal Procedure,
1898 (March 22, 2012)

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  Why it's important: This provision helps ensure fairness and protects the accused.
By verifying compliance with Section 230, the Magistrate safeguards against trials
based on faulty investigations10.

The following provisions that build upon 261:

 Section 262: This section grants the accused the right to apply for discharge within 60
days of receiving copies of documents related to the case. This allows the accused to
challenge the charges if they believe there's insufficient evidence11.

 Section 263: Here, the Magistrate reviews the case. If they find grounds for a trial,
they create a formal charge within 60 days of the initial hearing and explain it to the
accused. This ensures clarity about the specific accusations12.

 Section 264: If the accused pleads guilty, the Magistrate may convict them. This
allows for a simpler process for admitted offenses13.

 Section 265: This section outlines procedures if the accused pleads not guilty or
refuses to plead. It includes:

o Supplying the accused with witness statements from the investigation.

o Allowing the prosecution to summon witnesses.

o Taking evidence for the prosecution, with opportunities for cross-

examination14.

Section 266: The Defense

This provision focuses on the accused's defense:

 Right to Defense: The accused can present their defense and evidence. Written
statements are accepted by the Magistrate.

 Witness Summons: The accused can request the Magistrate to summon witnesses or
compel the production of documents for their defense. However, the Magistrate can
deny such requests if deemed unnecessary or intended to delay the trial.

10
section 261 of Bhartiya Nagrik Saraksha Sanhita, 2023
11
section 262 of Bhartiya Nagrik Saraksha Sanhita, 2023
12
section 263 of Bhartiya Nagrik Saraksha Sanhita, 2023
13
section 264 of Bhartiya Nagrik Saraksha Sanhita, 2023
14
section 265 of Bhartiya Nagrik Saraksha Sanhita, 2023

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  Audio-Video Examinations: This provision allows witness examinations (both
prosecution and defense) to be conducted via audio-video electronic means at
designated locations15.

When There's No Police Report (Sections 267-270)

Provision 267: Prosecution's Case

 This section kicks in when the accused appears before the Magistrate in a case not
based on a police report.

 The Magistrate hears the prosecution's arguments and gathers evidence they present.

 The prosecution can request witness summons for their case16.

Provision 268: Discharge at Early Stages

 If the Magistrate, after reviewing the prosecution's evidence, finds it insufficient to

warrant conviction, they can discharge the accused with recorded reasons.

 Importantly, discharge can also happen earlier if the Magistrate deems the charges
groundless17.

Provision 269: procedure when accused is not discharged

 Following the prosecution's case, if the Magistrate believes there's reason to presume
the accused committed the offense, they will:

o Formulate a written charge explaining the accusation.

o Read and explain the charge to the accused.

o Ask for a plea (guilty or not guilty).

 If the accused pleads guilty, the conviction may proceed.

 If the accused pleads not guilty or offers no plea, they have options:

o State their intention to cross-examine specific prosecution witnesses.

15
section 266 of Bhartiya Nagrik Saraksha Sanhita, 2023
16
section 267 of Bhartiya Nagrik Saraksha Sanhita, 2023
17
section 268 of Bhartiya Nagrik Saraksha Sanhita, 2023

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 o Choose to remain silent (recorded)18.

Provision 270: Completing the Prosecution's Case and Defense

 Based on the accused's response in 269(4):

o Requested witnesses are recalled for cross-examination and re-examination (if

needed).

o Remaining prosecution witnesses are examined and cross-examined.

 The accused then presents their defense and evidence, following the same procedures
outlined in Section 266 (covered previously).

Key Point: Handling Missing Witnesses

 Section 269(7) addresses a specific situation: If, despite efforts, prosecution witnesses
cannot be located for cross-examination, the Magistrate can:

o Consider them unavailable for examination.

o Close the prosecution's case with recorded reasons.

o Proceed based on existing evidence.

This ensures the trial isn't stalled due to missing witnesses, but the Magistrate must document
their efforts to locate them19.

Verdict, Compensation, and Appeal (Sections 271-273)

Following the presentation of evidence by both sides (prosecution and defense), these
sections outline procedures for concluding the trial.

Section 271: Delivering the Verdict and Sentence

 Acquittal (Not Guilty): If the Magistrate finds the accused not guilty, they record an
official order of acquittal (Section 271(1)).

 Guilty Verdict and Sentencing: If the accused is found guilty, the Magistrate follows
specific procedures depending on the offense:

18
section 269 of Bhartiya Nagrik Saraksha Sanhita, 2023
19
section 270 of Bhartiya Nagrik Saraksha Sanhita, 2023

13
 o Standard Sentencing: The Magistrate hears arguments regarding sentencing
and delivers a sentence based on relevant laws (Section 271(2)).

o Previous Convictions: If a previous conviction is relevant to the case, the

procedure unfolds in two stages (Section 271(3)):

1. The main conviction is decided.

2. If convicted, the Magistrate can gather evidence and rule on the

validity of the previous conviction20.

Section 272: Dismissal Due to Absent Complainant (Complaint Cases Only)

This section applies only to trials initiated by a complaint (not a police report). If the
complainant is absent on a hearing date, and the offense is either:

 Compoundable (meaning a settlement can be reached)

 Non-cognizable (a less serious offense)

The Magistrate has the discretion to dismiss the charges before a formal charge is made,
provided they give the complainant 30 days to appear (Section 272)21.

Section 273: Compensation for False Accusations

This section protects the accused from frivolous accusations. It applies to both complaint and
information-based cases (information given to police or a Magistrate). Here's the process:

1. Magistrate's Discretion: If the Magistrate acquits the accused and believes the
accusation lacked reasonable grounds, they can ask the complainant (or information
provider) to justify their actions (Section 273(1)).

2. Complainant's Response: The complainant can explain their reasoning (Section

273(1)).

3. Compensation Order: If the Magistrate finds the accusation baseless, they can order
the complainant to pay compensation to the accused (capped at the maximum fine the
Magistrate can impose) (Section 273(2)).

20
Section 271 of Bhartiya Nagrik Saraksha Sanhita, 2023
21
section 272 of Bhartiya Nagrik Saraksha Sanhita, 2023

14
 4. Enforcement: The order may include imprisonment for non-payment (up to 30 days)
(Section 273(3))22.

Section pertaining to Summons Cases (Sections 274-282)

This section focuses on procedures specific to trials initiated by summons (typically less
serious offenses) as opposed to police reports (warrant cases).

Section 274: Initial Appearance and Plea

 When the accused appears before the Magistrate in a summons case:

o The details of the offense are presented.

o The accused is asked to plead guilty or present a defense.

 Unlike warrant cases, a formal charge isn't mandatory here.

 However, if the Magistrate finds the accusation baseless, they can record reasons and
discharge the accused (similar to acquittal)23.

Sections 275 & 276: Dealing with Guilty Pleas

 Section 275: If the accused pleads guilty, the Magistrate records the plea and may
convict them based on that plea.

 Section 276: This section allows for a guilty plea without a physical appearance:

o The accused can send a written plea and the specified fine amount via mail or
messenger.

o The Magistrate can convict them in their absence and impose the specified
fine (or adjust the sent amount towards the fine).

o Alternatively, a lawyer authorized by the accused can plead guilty on their

behalf, following a similar process24.

Section 277: Trial Procedure if Not Guilty

 If the accused doesn't plead guilty under the above sections, the trial proceeds:

o The prosecution presents their case and evidence.

22
Section 273 of Bhartiya Nagrik Saraksha Sanhita, 2023
23
section 274 of Bhartiya Nagrik Saraksha Sanhita, 2023
24
section 275&276 of Bhartiya Nagrik Saraksha Sanhita, 2023

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 o The accused gets a chance to defend themselves and present evidence.

o Both sides can request witness summons for their case, with the Magistrate
having discretion to require covering witness expenses25.

Section 278: Verdict and Sentencing

 Verdict:

o After considering all evidence, the Magistrate delivers a verdict:

 Acquittal (not guilty) is recorded if the accused is found innocent

(Section 278(1)).

o Sentencing:

 If guilty, and the offense doesn't fall under specific sections (364 or
401), the Magistrate sentences them according to relevant laws
(Section 278(2)).

o Flexibility in Conviction:

 The Magistrate can convict the accused of an offense proven by the

evidence, even if it differs from the original complaint or summons,
provided it doesn't prejudice the accused (Section 278(3))26.

Section 279: Dismissal Due to Absent Complainant

 This section deals with situations where the complainant doesn't appear in a summons
case initiated by their complaint.

o The Magistrate waits 30 days for the complainant to appear before potentially
acquitting the accused (unless a reason for adjournment exists).

o Exceptions include:

 Complainant is represented by a lawyer or prosecutor.

 The Magistrate deems the complainant's presence unnecessary27.

Section 280: Withdrawing the Complaint

25
Section 277 of Bhartiya Nagrik Saraksha Sanhita, 2023
26
section 278 of Bhartiya Nagrik Saraksha Sanhita, 2023
27
section 279 of Bhartiya Nagrik Saraksha Sanhita, 2023

16
  This section allows the complainant to withdraw their complaint before a final order
(verdict).

 If the Magistrate is satisfied with the presented reasons, they permit withdrawal and
acquit the accused28.

Section 281: Stopping Proceedings in Summons Cases (Except Complaint Cases)

This section empowers Magistrates to halt proceedings in a summons case not initiated by a
complaint (e.g., based on police investigation). Here's how:

 Authority: A First-Class Magistrate or any other Judicial Magistrate with prior

approval from the Chief Judicial Magistrate can exercise this power.

 Justification: The Magistrate must record specific reasons for stopping the
proceedings.

 Stage of Proceedings: The stoppage can occur at any point in the case.

 Outcomes:

o Before Principal Witness Testimony: The accused is released, and the

release functions as a discharge (meaning they cannot be tried again for the
same offense).

o After Principal Witness Testimony: The Magistrate can pronounce an

acquittal (not guilty) verdict29.

Section 282: Converting Summons Case to Warrant Case Procedure

This section allows for converting a summons case into a warrant case (meant for more
serious offenses) during the trial. Here's when it applies:

 Trial Stage: The conversion can occur while a summons case for an offense
punishable by over 6 months imprisonment is being tried.

 Magistrate's Discretion: If the Magistrate believes, "in the interests of justice," that a
warrant case procedure is more suitable, they can:

o Re-hear the case entirely following the procedures for warrant cases (outlined
in previous sections).
28
section 280 of Bhartiya Nagrik Saraksha Sanhita, 2023
29
section 281 of Bhartiya Nagrik Saraksha Sanhita, 2023

17
 o Recall any witness who already testified in the summons case proceedings.

This provision allows for flexibility to ensure a fair and appropriate trial based on the
evolving nature of the case30.

Legal Precedents: Warrant and Summons Trials in India.

Evidence for Prosecution:

 Presentation of Evidence: The magistrate is obligated to consider all evidence

presented by the prosecution, regardless of whether it originates from a police report
(Syed Mohammad Husain Afqar vs. Mirza Fakhrullah Beg). Section 138 of the Indian
Evidence Act further emphasizes this obligation.

 Witness Examination: Witnesses for the prosecution are examined under Section
244 (GopalKrishna vs. State of Kerala). The opportunity for the accused to cross-
examine these witnesses after charge framing is crucial and cannot be replaced by an
earlier opportunity (K.L. Bhasin vs. Sundar Singh).

Summoning Witnesses:

 Mandatory Summons: The prosecution now has a mandatory responsibility to file

applications requesting summons for their witnesses (Parveen Dalpatrai Desai vs.
Gangavishindas Rijharam Bajaj31).

 Magistrate's Discretion: While the magistrate is not obligated to summon every

witness requested, they cannot dismiss a case solely due to absent witnesses if the
complainant demonstrates efforts to secure their presence (P. N. Bhattacharji vs.
Kamal Bhattacharji).

 Complainant's Right: The complainant has the right to request summons for
additional witnesses, and the court is bound to consider such requests (Jamuna Rani
vs. S. Krishna Kumar).

Discharge of the Accused:

30
section 282 of Bhartiya Nagrik Saraksha Sanhita, 2023
31
(1978)80BOMLR100

18
  Insufficient Evidence: If the prosecution's evidence, presented within four years of
the accused's appearance, fails to establish reasonable grounds to proceed, the
magistrate must discharge the accused (procedure not specified).

 Magistrate's Discretion: The magistrate also retains the authority to discharge the
accused at any earlier stage if they believe there is no case against them.

Procedure After Discharge Denial:

 Framing Charges: If the magistrate finds reasonable grounds to believe the accused
committed the offense (Ratilal Mithani vs. the State of Maharashtra), charges will be
framed and explained to the accused.

 Plea and Trial: The accused will be asked to plead guilty or not guilty. If they plead
not guilty, a trial will be conducted, including cross-examination of prosecution
witnesses (Mohd. Qasim vs. Gokul Tewari).

Evidence for Defense:

 Right to Present Defense: The accused has the right to present their defense,
including evidence and witnesses (procedure not specified).

Acquittal or Conviction:

 Magistrate's Decision: The magistrate has the authority to acquit the accused if they
find insufficient grounds to proceed or convict them if they find them guilty.

Compensation for False Accusation:

 Magistrate's Authority: If the magistrate finds no grounds against the accused and
discharges them, they can summon the complainant to explain why they should not
pay compensation to the accused (Section 250 of the Criminal Procedure Code).

 Compensation Award: The magistrate can award compensation not exceeding the
maximum fine amount for the alleged offense (Valli Mitha). The compensation is
payable only to the accused, not their relatives (Abdool Raheem vs. Mehrab Shah32).

Appeal Process:

32
https://caselaw.shc.gov.pk/caselaw/view-file/MTY5MTc0Y2Ztcy1kYzgz

19
  Complainant's Appeal: The complainant can appeal a compensation order from a
second-class magistrate if the amount exceeds ₹100 (Pereira Vs. Demello, Sarab Dial
Vs. Bir Singh33).

The case of Shivaji Sampat Jagtap vs. Rajan Hiralal Arora34, adjudicated by the Bombay
High Court, addresses the procedural intricacies involved in cases where a Magistrate
handling a matter is succeeded by another Magistrate before delivering judgment. The case is
particularly significant in the context of understanding the distinction between summary trials
and regular trials under Indian law.

Background: The petitioner filed a complaint under Section 138 of the Negotiable
Instruments Act, 1881. The Magistrate initiated the process, issued summons to the accused,
and recorded his plea. However, before delivering judgment, the Magistrate lost jurisdiction
over the case and was succeeded by another Magistrate.

Issue: The crux of the issue revolved around whether the succeeding Magistrate was required
to conduct a trial de novo (a new trial) or could proceed based on the evidence recorded by
the predecessor.

Contention: The appellant argued that since the predecessor had conducted the case as a
summary trial and the succeeding Magistrate did not conduct a de novo trial as mandated
under Section 326(3), the entire proceeding was vitiated.

Decision: The Sessions Court initially quashed the conviction, leading to the filing of a
revision application. The Bombay High Court, however, held that the case was not tried
summarily; rather, it was treated as a summons case. Therefore, the judgment was quashed,
implying that the succeeding Magistrate did not need to conduct a de novo trial.

Analysis: The case underscores the importance of distinguishing between summary trials and
regular trials under Indian law. Summary trials are characterized by their expedited nature
and involve streamlined procedures, often used for minor offenses. On the other hand, regular
trials follow more elaborate procedures, including examination and cross-examination of
witnesses, and are typically employed for serious offenses.

Implications for the Paper on Comparison of Summary Trials and Regular Trials: This
case provides valuable insights into the interplay between different procedural requirements

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based on the nature of the trial. It highlights the significance of adhering to the correct
procedural framework, particularly when a change in Magistrate occurs during the course of
proceedings. The case also emphasizes the need for a nuanced understanding of the legal
provisions governing summary trials and regular trials to ensure fair and effective
administration of justice.

Comparison of trials:

Summons vs. Warrant Cases

Regular trials in India can be broadly categorized into two main types based on how they
originate: Warrant Cases and Summons Cases. While both adhere to established legal
procedures, key differences exist in their nature, complexity, and the rights afforded to the
accused.

Nature of Cases and Complexity:

 Warrant Cases: These deal with more severe offenses punishable by death, life
imprisonment, or imprisonment exceeding two years. The procedures are intricate and
can be time-consuming due to the seriousness of the charges.

 Summons Cases: These handle less serious offenses. The procedures are designed to
be simpler and faster compared to warrant cases.

Accused's Involvement:

 Pleading Guilty: In summons cases, the accused can plead guilty by mail after
receiving the summons, eliminating the need for a physical appearance before the
Magistrate. Warrant cases don't offer this option; the accused must be present.

 Formal Charges: Warrant cases require a formal written charge outlining the
accusation. Summons cases may not involve this step.

Complaint and Charges:

 Withdrawal: Only summons cases allow the complainant to withdraw their

complaint before a final order is passed. Warrant cases lack this provision.

 Addressed to: Summons are addressed to a broader range of individuals, including

the accused, victim, or anyone connected to the case. Warrants are specifically
directed to law enforcement officers, authorizing them to take action.

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Defense and Evidence:

 Opportunities for Defense: Warrant cases potentially offer the accused more
opportunities to defend themselves compared to summons cases.

 Cross-Examination: In warrant cases, the accused may be granted more than one
chance to cross-examine prosecution witnesses. Summons cases typically limit cross-
examination to a single opportunity.

 Date and Time: The date and time specified in a summons hold significant weight, as
the summons loses validity after that specific instance. Warrants, however, remain
enforceable until the intended purpose is achieved (e.g., arrest made)35.

Conversion of Cases:

 The law empowers Magistrates to convert a summons case into a warrant case if
deemed necessary in the interests of justice.

 Conversely, a warrant case cannot be converted into a summons case.

Differences:

Complexity and Time:

 Summary Trials: Less complicated and faster due to streamlined procedures.

 Regular Trials: More complex and time-consuming due to the seriousness of the
offenses and adherence to stricter procedures.

Nature of Offenses:

 Summary Trials: Limited to minor offenses of a simple nature.

 Regular Trials: Handle a wider range of offenses, including more serious crimes.

Recording Evidence:

 Summary Trials: Focus on recording the essence of witness testimonies in a brief

and general manner.

 Regular Trials: Demand detailed recording of all witness depositions.

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Formal Charges:

 Summary Trials: Formal charges may not be required.

 Regular Trials: Always involve formulating a formal written charge.

Completeness of Evidence Recording:

 Summary Trials: Recording the entire evidence is not mandatory; a summary may
suffice.

 Regular Trials: Complete recording of all evidence is essential36.

Comparison of Trial Procedures: Summary vs. Regular Trials (Warrant & Summons)

Summary Trials (Sections 283-288):

 Procedure: Largely follows the procedures established for summons cases within the
BNSS, with some potential exceptions not specified in Section 285(1). Summons
cases typically involve less serious offenses where the accused is summoned to court
instead of being arrested.

 Sentencing Limits: Maximum imprisonment term is capped at three months, even if

the original offense allowed for a higher sentence (Section 285(2)).

 Record-Keeping:

o Mandatory Details: Magistrates must record specific details in a prescribed

format for each summary trial (Section 286). This includes information like:

 Case serial number

 Offense dates (commission and report/complaint)

 Complainant details (if any)

 Accused details

 Offense details (alleged and proven) with value of property involved

(for specific theft or damage offenses)

 Accused's plea and examination (if any)

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  Finding (conviction or acquittal)

 Sentence or final order

 Trial termination date

o Purpose: Ensures clear and official records for transparency, accountability,

and potential appeals/reviews.

 Recording Evidence and Judgments (Not-Guilty Pleas):

o If the accused pleads not guilty, the Magistrate must:

 Record the substance of presented evidence (key points of testimonies

and materials).

 Prepare a judgment with a brief explanation for the final decision

(conviction or acquittal) (Section 287).

o Purpose: Creates a more detailed record for potential appeals/reviews in

contested cases.

Regular Trials (Warrant & Summons Cases - Sections referred to in previous sections):

 Procedure:

o Warrant Cases: Follow a more complex and time-consuming procedure due to

the seriousness of the offenses.

o Summons Cases: Generally simpler and faster than warrant cases due to the
nature of the offenses.

 Sentencing Limits: Variable depending on the specific offense and relevant laws. Can
exceed three months.

 Record-Keeping: Detailed records are maintained throughout the trial, including

verbatim transcripts if necessary.

 Evidence and Judgments: Complete recording of all evidence is mandatory.

Judgments may be more elaborate, especially in warrant cases.

Additional Considerations:

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  Pre-Trial Procedures (Sections 261-270): Regular trials (both warrant and summons)
involve stricter pre-trial procedures to ensure adherence to proper investigation and
accusation processes (Sections 261-266). These procedures include:

o Magistrate verification of police report compliance with established

guidelines.

o Accused's right to apply for discharge if they believe evidence is insufficient.

o Formal charge creation by the Magistrate if grounds for trial exist.

o Defined procedures for handling guilty pleas, not-guilty pleas, and witness
examinations.

Core Similarities: Foundation for a Fair Trial

Despite their differences, summary and regular trials share essential elements that uphold the
principles of a fair trial. Both involve:

 Evidence Collection: Investigative efforts gather evidence to support the

prosecution's case or the defense's arguments.

 Record Keeping: A documented record of the proceedings, including key details of

the case, is maintained for transparency and potential appeals.

 Informing the Accused: The charges against the accused are clearly explained,
ensuring they understand the nature of the allegations.

 Examining the Accused: The accused has the opportunity to respond to the charges
and present their perspective.

 Qualified Authority: A competent judicial officer, typically a magistrate, presides

over the trial, ensuring adherence to legal procedures.

 Verdict and Order: The trial culminates in a final decision, either convicting or
acquitting the accused, and potentially imposing a sentence or other order.

 Invalidating Procedures: Both trials can be challenged if improper actions

("illegality") or deviations from established procedures ("irregularity") occur,
although the impact on the verdict may differ.

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Aspect Regular Trials Summary Trials

More complex and time-

consuming, especially for
Procedure warrant cases Streamlined process for minor offenses

Begins after a formal charge Starts when the accused appears

Initiation is framed before a Magistrate

Handles a wider range of

Offense offenses, including serious Restricted to minor offenses as listed in
Severity ones the Code

Variable depending on the

Sentence offense, can exceed three Maximum imprisonment capped at
Limits months three months

Specific details mandated by the Code,

Record Detailed records maintained may not be as comprehensive as
Keeping throughout the trial regular trials

Conclusion

The legal system utilizes two main types of trials to adjudicate criminal offenses: summary
trials and regular trials (warrant and summons). While both share fundamental objectives in
reaching verdicts, they diverge significantly in complexity, procedure, and the nature of
offenses they handle. This conclusion comprehensively explores these distinctions.

Structure and Specific Requirements

The legal framework governing each trial type dictates specific procedures and record-
keeping requirements:

 Summary Trials: These typically follow the procedures established for summons
cases within the relevant legal code, with some potential exceptions. Sentencing for
offenses tried summarily is capped at a maximum of three months imprisonment,

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 even if the original offense allowed for a harsher penalty. Specific details about the
case must be recorded by the magistrate for transparency and potential appeals. If the
accused pleads not guilty, a more detailed record of the evidence and a brief
explanation for the verdict are required.

 Regular Trials: The procedures for regular trials vary depending on whether the case
is a warrant case (involving more serious offenses) or a summons case. Warrant cases
are inherently more complex and time-consuming. Sentencing limits are determined
by the specific offense and relevant laws, and can exceed three months. Regular trials
maintain detailed records throughout the proceedings, including verbatim transcripts
if necessary. Evidence is comprehensively recorded, and judgments, particularly in
warrant cases, may be more elaborate.

A Balanced Approach to Justice

Summary and regular trials represent a well-balanced approach to delivering justice.

Summary trials provide a swift and efficient mechanism for resolving minor offenses, while
regular trials ensure a more thorough and meticulous process for serious crimes. This
distinction safeguards the rights of the accused while upholding the need for effective
prosecution across the spectrum of criminal offenses.

Bibliography

Bharatiya Nagrik Suraksha Sanhita, 2023

The Code of criminal Procedure, 1973

Articles:

Mughal, Munir Ahmad, Distinction Between Summary and Regular Trial Under Code of
Criminal Procedure, 1898 (March 22, 2012)

https://www.myjudix.com/post/summary-trial-bn

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