7/29/2019 The Hindu _ Panel for widening scope for summary trials.pdf

http://slidepdf.com/reader/full/the-hindu-panel-for-widening-scope-for-summary-trialspdf 1/3

8/27/13 The Hindu : Panel for widening scope for summary trials

www.hindu.com/2003/07/03/stories/2003070302060500.htm 1/3

Online edition of India's National Newspaper

Thursday, Jul 03, 2003

Group Publications  

About Us Contact Us

Southern States

News: Front Page | National | Southern States | Other States |

International | Opinion | Business | Sport | Miscellaneous |

Advts: Classifieds | Employment | Obituary |

Southern States - Karnataka 

Panel for widening scope for summary trials

By Our Special Correspondent

HUBLI July 2. The Committee on Reforms of the CriminalJustice System has called for widening the scope forsummary trials to hasten the process of justice in criminalcourts in the country.

The committee, constituted by the Union Governmentunder the chairmanship of Justice V.S.Malimath, formerChief Justice of the Karnataka and Kerala high courts, inits report, has expressed concern over the long delay indecision-making, particularly in trial courts.

If only the summary procedure prescribed under Sections262 to 264 of the Criminal Procedure Code (Cr. P.C.) areexercised properly, the pace of justice will be quickenedconsiderably, the committee has said.

Criminal cases are divided into two categories, warrantcases relating to offences punishable with death,imprisonment for term exceeding two years, and summonscases where the upper limit of imprisonment that can beawarded is two years and/or fine. All summons cases, anda few enumerated warrant cases can be tried summarily byall magistrates, including metropolitan magistrates, and notall, but specially empowered judicial magistrates first class(JMFCs).

At present, a large number of cases, in which thepunishment is two years or less, are tried and, if only thesummary procedure prescribed under Sections 262 to 264

of the Cr. P.C. is exercised properly, it will quicken thepace of justice considerably, according to the committee.However, the committee says that the number of cases,which are at present tried summarily, is quite small and themaximum punishment that can be given after a summarytrial is three months.

It has lamented that Section 260 (power to try summarily)and Section 355 (metropolitan magistrate's judgment) of the Cr. P.C. are either unutilised or underutilised. Onlythose magistrates who are duly empowered namely, thechief judicial magistrates and metropolitan magistrates,

can try the cases summarily. But most of the magistratesare not empowered to do so. "This is among the manyreasons why summary procedures are not fully utilised,"the committee has said. As a judge of the same statuscan deal with the case summarily when he is posted as ametropolitan judge without any empowerment, there is no

Stories in this Section

Centre accused of bias against

state

Policing will be improved:

Kharge

ZP CEOs were aware of 

irregularities: CAG

Admissions: Govt. to file caveat

in SC

'Focussed approach for growth

of NK needed'

Panel for widening scope for

summary trials

French tech. to help prevent sea

erosionBJP to launch 'Vijaya Yatra'

Emissary to Centre to seek

more grains

Archives

Yesterday's Issue

Datewise

Features:

Life

Magazine

Literary Review

Metro PlusOpen Page

Education

Book Review

Business

SciTech

Entertainment

Young World

Quest

Folio

7/29/2019 The Hindu _ Panel for widening scope for summary trials.pdf

http://slidepdf.com/reader/full/the-hindu-panel-for-widening-scope-for-summary-trialspdf 2/3

8/27/13 The Hindu : Panel for widening scope for summary trials

www.hindu.com/2003/07/03/stories/2003070302060500.htm 2/3

reason why such empowerment is needed for othermagistrates to deal with cases summarily under Section262 (procedure for summary trial) of the Cr.P.C.

To speed up the process, the committee has expressedthe view that all cases in which the punishment is threeyears and below should be tried summarily and punishment,which can be given, is increased to three years.

The panel has said that it is in favour of therecommendation made by the Law Commission in its 154threport for enhancement of the limit of sentence prescribedunder Section 262 to three years.

Suitable amendments should be also be made to see thatoffences punishable with imprisonment lower than threeyears shall become summons case, which shall be triedthrough the summary procedure laid down.

The committee has said that a ceiling of Rs. 200 fixed forthe value of property under Section 262 is too low and itshould be enhanced to Rs. 5,000 considering the declining

value of the rupee. No prejudice will be caused to theaccused by the enhancement, it says.

The committee is of the view that a large number of cases, which do not involve serious offences, can bedisposed of expeditiously, and it has stressed the need forarranging training to magistrates for following the summaryprocedure. The training should include mock trials andwriting of judgments in summary trials, it has said. Thecommittee has expressed the view that the definition of "petty offence" given in Section 206 of the Cr. P.C. shouldbe suitably modified.

It is necessary to enlarge the limit prescribed for fine inpetty offences from the present Rs. 1,000 to Rs. 5,000.The summary trial procedure and procedure for tryingpetty cases should be adopted with great advantage indealing with offences under Special Local Laws, thecommittee has felt.

One of the causes for delay even in the commencement of trial of a criminal case is the serving of summons on theaccused. Despite the procedure laid down for the purposein the Cr. P.C., the committee has noted that rulesunfortunately have not been framed by many Stategovernments to enable summons to be served other thanthrough police officers. Section 62 of the Cr. P.C. shouldbe amended to provide for serving summons on accusedthrough registered post with acknowledgement due, andcourier service should be adopted wherever the facility isavailable.

If there is a fax facility it should also be used and anyendorsement made by the postman that the summons hasbeen "refused" should be deemed sufficient and warrantcan be issued.

Printer friendly page 

Send this article to Friends by E-Mail

Southern States

News: Front Page | National | Southern States | Other States |

International | Opinion | Business | Sport | Miscellaneous |

Advts: Classifieds | Employment | Obituary |

7/29/2019 The Hindu _ Panel for widening scope for summary trials.pdf

http://slidepdf.com/reader/full/the-hindu-panel-for-widening-scope-for-summary-trialspdf 3/3

8/27/13 The Hindu : Panel for widening scope for summary trials

www.hindu.com/2003/07/03/stories/2003070302060500.htm 3/3

The Hindu Group: Home | About Us | Copyright | Archives | Contacts | Subscription 

Group Sites: The Hindu | Business Line | The Sportstar | Frontline | The Hindu eBooks | Home |

Copyright © 2003, The Hindu. Republication or redissemination of the contents of this screen are expressly

prohibited without the written consent of The Hindu