PROVISIONS RELATING TO SUMMARY TRIAL IN CRIMINAL CASES

[Mr. M. GOVINDARAJAN]

The procedure in disposing a civil suit as well as criminal procedure is a long one consuming more time. Therefore, number of pending cases in all level courts are more. In a summary trial does not need full trial with witnesses to be heard and decided by a Judge in a simple manner. The evidences are brought by means of affidavits. Therefore, much time is saved. The remedy is also quick compared with the traditional trial. In a summary trial application, the judge must first determine that the case is appropriate for summary trial. If the case is suitable for a summary trial, evidence is given by affidavit rather than in person and the trial is dramatically shortened.

Section 260 to 265 of the Criminal Procedure Code provides the procedure for conducting summary trial in criminal cases. The Criminal Procedure is now replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short). Section 283 to 288 of BNSS deal with the procedure of summary trial. There is no change for Sections 261 to 265 of Criminal Procedure Code in the BNSS.

Power to conduct summary trial

Any Chief Judicial Magistrate or Magistrate of First Class shall try the summary trial for the related offences.

Offences

The following offences may be tried summarily-

• Theft under

• Section 303 (2) -
• Section 305
• Section 306

Where the value of the stolen property does not exceed Rs.20,000/-.

• Section 317(2) – receiving or retaining the stolen property the value of which does not exceed Rs.20,000/-.
• Section 317(5) – assisting in the concealment or disposal of the stolen property, the value of which does not exceed Rs.20,000/-.
• Offences under Section 331(2) and 331(3)
• Section 352 – insult with intent to provoke a breach of the peace
• Criminal intimidation under section 351 (2) and (3)
• abetment of any of the foregoing offences;
• an attempt to commit any of the foregoing offences, when such attempt is an offence;
• any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871

The offences punishable with death or imprisonment for life or imprisonment for a term exceeding 3 years cannot be tried summarily.

Procedure

The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing. If 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 BNSS.

Appeal

 No appeal shall lie against the decision of a Magistrate to try a case in a summary way.

Power of High Court

The High Court may confer on any Magistrate invested with the powers of a Magistrate of the II class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding 6 months with or without fine, and any abetment of or attempt to commit any such offence.

Records

The Magistrate shall enter the following particulars in the register prescribed for these purposes-

• the serial number of the case;
• the date of commission of the offence;
• the date of receipt of the complaint;
• the name of the complainant, if any;
• the name, parentage and residence of the accused;
• the value of the property in respect of the offences under section 283;
• the plea of the accused and his examination, if any;
• the finding;
• the sentence or final order;
• the date on which the proceedings were terminated.

The records shall be in the language of the Court. The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record so prepared shall be signed by such Magistrate.

Judgment

If the accused does not plead guilty the Magistrate shall record the substance of the evidence. The Magistrate shall record the reasons for arriving his conclusion in the judgment. The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid judgment by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the r judgment so prepared shall be signed by such Magistrate.