What is Summary Trial -
A summary trial is a trial in an action which is entered without preliminary trial and which is a short or brief trial based upon affidavits of the parties. Summary preceding is a form of trial before a judge without following the rules of procedure applicable to trials. In respect of certain cases including mostly summons cases and a few warrant cases, Courts have been empowered to use a summary procedure which is essentially an abridged form of summons case procedure.
Power to try summarily -
According to Section 260 (1) Notwithstanding anything contained in this Code -
(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 any of he thinks fit, try in a summary way all or any of the following offenses.
(i) Offenses not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(ii) Theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where the value of the property stolen does not exceed 1[two thousand rupees];
(iii) Receiving or retaining the stolen property, under section 411 of the Indian Penal Code (45 of 1860), where the value of the property does not exceed 1[two thousand rupees];
(iv) Assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code (45 of 1860) where the value of such property does not exceed 1[two thousand rupees];
(v) Offenses under sections 454 and 456 of the Indian Penal Code (45 of 1860);
(vi) Insult with intent to provoke a breach of the peace, under section 504 and 2[criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both], under section 506 of the Indian Penal Code (45 of 1860).
(vii) Abetment of any, of the foregoing offenses;
(viii) An attempt to commit any of the foregoing offenses, when such an attempt is an offense;
(ix) Any offense constituted by an act in respect of which a complaint may be made under Section 20 of the Cattle-Trespass Act, 1871 (1 of 1871).
(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.
Summary trial by Magistrate of the second class -
According to Section 261 of the Code of Civil Procedure the High Court may confer on any, Magistrate invested with the powers of a Magistrate of the second class power, to try summarily any offense 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.
Procedure for summary trials
According to Section 262 of the Criminal Procedure Code -
(1) In trial under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
Record in summary trials -
According to 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 offense;
(c) The date of the report of complaint;
(d) The name of the complainant (if any);
(e) The name, parentage and residence of the accused;
(f) The offense 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 offense 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 terminated.
Judgment in cases tried summarily -
According to Section 264 of the Code of Criminal Procedure, 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.
Language of record and judgment -
According to Section 265 of the said Code (1) Every such record and judgment shall be written in the language of the court.
(2) The High Court may authorize any Magistrate empowered to try offenses 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.
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