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8/27/13 Short essay on Summary Trials
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Short essay on Summary Trials
Section 260 provides that any Chief Judicial Magistrate or
Metropolitan Magistrate or a Magistrate of the First Class specially
empowered by the High Court may try summarily certain offences
which are enumerated in that Section.
The offences are generally simple offences for which the imprisonment
prescribed does not exceed two y ears. Even offences like theft etc.,
may be tried summarily if the property involved is not more than Rs.
200/ - in value.
In the case of a summary trial as soon as the accused is brought before
the Court he is questioned with reference to the accusation levelled
against him under Section 251 Cr.P.C.
If he pleads guilty that fact should be recorded in the summary trials
register, but the case record should contain the questions put to the
accused and the answer given by him in his own words.
When the accused pleads guilty the Magistrate can immediately pass an
appropriate sentence by making an entry in the prescribed column in
the summary trials register.
No separate judgment need be pronounced in such a case. If on the
other hand the accused pleads not guilty the evidence of the
prosecution witnesses should be recorded.
But here again there is no need to record the evidence of the witnesses
in the form of elaborate depositions as is done in the case of normal
trial, but only the substance of their statements need be recorded in the
form of memoranda which need not be signed by the witnesses.
But prudence requires that even in summary trials the statements of
witnesses are recorded faithfully and elaborately and there is nothing
wrong in o btaining the signatures of the witnesses under their
statements.
If the recording of the prosecution evidence is ov er, the accused is
questioned briefly with reference to it and his answers are once again
recorded and the accused is also asked to produce the Defense if any.
If the Accused produces any witness the same shall be recorded and
the cardinal rule of law of hearing the arguments and accepting the
written argument if any submitted by accused under Section 31 4 of
I.P.C. thereafter a judgment of conviction or acquittal as the case may
be, is pronounced.
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