SUMMARY TRIALS ( SECTIONS 260-265)
Introduction
Summary Trials in India, governed by Sections 260 to 265 of the Code of Criminal Procedure (CrPC), provide an expedited legal process for certain criminal cases. These trials are designed to ensure swift justice by simplifying procedures and reducing timelines, aiming for timely and efficient resolutions for specific offenses.
Meaning of Summary Trials in CrPC
Summary Trials, as per the CrPC, are intended for cases where the maximum punishment is up to two years of imprisonment or cases deemed summary by law. The objective is to deliver justice swiftly without compromising natural justice and fair trial principles. No sentence exceeding three months of imprisonment can be passed in these trials.
SECTION 260 – EMPOWERING THE RIGHT MAGISTRATES
This section empowers specific magistrates, including Chief Judicial Magistrates, Metropolitan Magistrates, and certain First-Class Magistrates authorized by the High Court, to conduct summary trials. They can try offenses not punishable with death, life imprisonment, or imprisonment exceeding two years, and cases involving theft, receiving or retaining stolen property, assisting in concealment of stolen property, certain IPC offenses, insult to provoke a breach of the peace, abetment of these offenses, and attempts to commit them.
SECTION 261 – SUMMARY TRIAL BY SECOND-CLASS MAGISTRATES
This section allows the High Court to grant the power to try summarily to any Magistrate of the Second Class for offenses punishable with fines or imprisonment not exceeding six months, with or without a fine, and any abetment or attempt to commit such offenses.
SECTION 262 – SPECIAL PROCEDURES FOR SUMMARY TRIALS
Summary Trials follow the procedure outlined in the CrPC for summons cases, with some exceptions. No sentence of imprisonment exceeding three months can be imposed in these cases.
SECTION 263 – RECORD-KEEPING IN SUMMARY TRIALS
Magistrates conducting summary trials must maintain specific records, including case particulars, dates, complainant’s name, accused’s details, the offense, value of property (if applicable), accused’s plea and examination, findings, sentences, and termination date.
SECTION 264 – CRAFTING JUDGMENTS IN SUMMARY TRIALS
In cases where the accused does not plead guilty, the Magistrate must record the evidence’s substance and issue a judgment containing a brief statement of the reasons for the finding.
SECTION 265 – LANGUAGE AND AUTHORIZATION
All records and judgments in summary trials must be written in the language of the court. The High Court can authorize magistrates empowered for Summary Trials to prepare these records and judgments with the help of an officer appointed by the Chief Judicial Magistrate, and these records or judgments should be signed by the magistrate.
CONCLUSION
Summary Trials under Sections 260-265 of the Criminal Procedure Code play a crucial role in expediting justice delivery for specific offenses in India. They simplify procedures and maintain the core principles of natural justice while ensuring swift resolution and reducing the burden on the judicial system.
Reference :
1-https://m.timesofindia.com/city/nagpur/hc-hard-to-believe-woman-cook-can-stay-with-man-for-2-yrs-sans-any-relation/amp_articleshow/68026588.cms – THE TIMES OF INDIA
2-https://timesofindia.indiatimes.com/city/mumbai/jail-term-of-drunk-driver-quashed/articleshow/2756945.cms -THE TIMES OF INDIA
