Summary Trial Explained By Justice V Ramkumar [Q and A]

We have already seen that there are only two types of cases, namely, “summons cases” and “warrant cases”. Since as per the exclusionary definition under Section 2 (w) Cr.P.C., a “summons case” is one relating to an offence not being a “warrant case”, we have to find out as to what exactly is a “warrant case”. Section 2 (x) Cr.P.C. defines a “warrant case” to mean –

“a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years.”

Cases relating to offences punishable with imprisonment exceeding 2 years and upto 7 years, are “warrant cases” triable by Magistrates. Cases relating to offences punishable with imprisonment exceeding 7 years and shown as triable exclusively by the Court of Session are also “warrant cases” triable by Sessions Judges.

Once we exclude “warrant cases”, what remains is “summons cases” which are, cases relating to offences punishable with imprisonment upto 2 years. Still below are cases meant for “summary trial” which is a “condensed form” of “summons trial”. Here, the sentence for imprisonment which can be passed should not exceed 3 months.

We will now discuss a few questions relating to “summary trial”.

Q.1 What are the types of cases which can be tried in a summary way ?

Ans. Section 260 (1) Cr.P.C. enumerates 9 categories of cases which can be tried summarily. They are –

(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years (i.e. offences punishable with imprisonment for 2 years and below);

(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 two thousand rupees;

(iii) receiving or retaining stolen property, under Section 411 of the Indian Penal Code (45 of 1860), where the value of the property does not exceed 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 two thousand rupees;

(v) offences (of lurking house-trespass and house-breaking) 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 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 offences;

(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;

(ix) any offence 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).

(x) “Petty offences” as defined under Section 206 (2) Cr.P.C. punishable only with fine not exceeding Rs.1,000/- can be disposed of summarily under Section 206 (1) Cr.P.C.

The Magistrate can issue a “special summons” under Section 206 (1) Cr.P.C. giving the accused the option –

• to appear in person or through counsel, or
• to plead guilty to the accusation without appearing before the Magistrate, by transmitting through post or by messenger the said plea of guilty in writing and the amount of fine specified in the summons, or
• to authorise in writing his counsel to plead guilty on his behalf and pay the fine through such counsel. (Vide Section 253 Cr.P.C).

The fine specified in the special summons shall not exceed Rs. 1,000/-. (Vide proviso to Section 206 (1) Cr.P.C).

NOTS BY THE AUTHOR: In Ramesan v. State of Kerala 2010 (3) KLT 348 = 2010 (3) KHC 291 (V. Ramkumar – J), the accused was charge-sheeted by the police for offences punishable under Sections 279 IPC read with Sections 132 and 179 of the Motor Vehicles Act, 1988. Treating the above case as a “petty offence”, the accused was summoned to the Magistrate Court concerned by means of a summons issued by the Sub-Inspector. It was held that a case involving Section 279 IPC could not be treated as a “petty offence”. It was further held that it was not open to a police officer to summon an accused to appear before a Magistrate's Court and that the summons ought to have been issued by the Court itself.

(xi) Section 206 (3) Cr.P.C. authorizes the State Government to specially empower by notification any Magistrate to exercise the powers under Sections 206 (1) Cr.P.C in relation to any offence

compoundable or any offence punishable with imprisonment not exceeding three months or with fine or both, where the Magistrate is of the opinion that having regard to the facts and circumstance of the case, imposition of fine alone would meet the ends of justice.

(In the State of Kerala no such notification has been issued enlarging the category of cases which could be disposed of under Section 206 (1) Cr.P.C).

(xii) There are laws other than the Cr.P.C. which may provide for the trial of certain offences in a summary way. For example, Section 143 (1) of the Negotiable Instruments Act, 1881 empowers a Judicial Magistrate of first class or a Metropolitan Magistrate to try the offence under Chapter XVII of the said Act in a summary way making applicable Sections 262 to 265 Cr.P.C. and empowering such Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding Rs. 5,000/-

Q.2 Which Courts can try cases in a summary way ?

Ans. As per Section 260 (1) Cr.P.C. the Courts which can try cases in a summary way are –

a) Chief Judicial Magistrate

b) Metropolitan Magistrate

c) Magistrate of the first class specially empowered in this behalf by the High Court.

d) Over and above the above Courts, the High Court can under Section 261 Cr.P.C. confer on any Magistrate of the second class the 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.

(Here also, after conviction in summary trial the Magistrate of the second class cannot impose a sentence of imprisonment exceeding 3 months, in view of the Bar under Section 262 (2) Cr.P.C.)

Q.3 What is the procedure to be followed for “summary trial” ?

Ans. In view of Section 262 Cr.P.C, the same procedure for trial of “summons cases” shall be followed for “summary trial” under Chapter XXI Cr.P.C but subject to the provisions under Chapter XXI Cr.P.C.

Procedure

• Section 251 read with Section 262 (1) Cr.P.C. – As and when the accused appears or is brought before the Magistrate, the substance of accusation (particulars of the offence) shall be stated to him and he shall be asked whether he pleads guilty or whether he has any defence to make. But it shall not be necessary to frame a formal charge.

INSTANCES WHEN THERE IS “NO TRIAL”

A. When the accused is “PRESENT” before the Magistrate

Where the accused voluntarily pleads guilty the Magistrate shall record his plea as nearly as possible in the words of the accused himself and may in his discretion, convict him. (Vide Section 252 Cr.P.C.)

The “TRIAL” proper

• If the Magistrate does not convict the accused (who is present) on his pleading guilty under Section 252 Cr.P.C or on his pleading guilty (in his absence) under Section 253 in “petty cases” or on his pleading not-guilty under Section 251 Cr.P.C. the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (Vide Section 254 (1) Cr.P.C). The Magistrate need record only the substance of the evidence in view of Section 264 Cr.P.C.

In prosecution under Section 138 of the Negotiable Instruments Act, 1881, interpreting Section 145 of the said Act, the Supreme Court has ruled that chief examination of all the witnesses can be in the form of affidavits and those witnesses need be summoned only if a request for their cross-examination is made. (Vide Indian Bank Association v. Union Bank of India (2014) 5 SCC 590 – KSP Radhakrishnan, Vikkramajit Sen – JJ.)

Section 313 examination

• Section 313 (1) (b) examination: If the personal attendance of the accused was not dispensed with during trial, the accused to be examined for the purpose of giving him an opportunity to explain the incriminating circumstances appearing in the evidence for the prosecution.

Defence evidence

• Section 254 (1) Cr.P.C.: Accused can adduce defence evidence. He will not be called upon to enter on his defence. Here also only the substance of the evidence need be recorded in view of Section 264 Cr.P.C.

Arguments

• Section 314 Cr.P.C.: As soon as the close of evidence, parties to address the Court in the form of concise oral arguments before the conclusion of which they may submit a written memorandum setting forth the arguments in support of their case.

Judgment

In every case tried summarily in which the accused does not plead guilty, a judgment containing a brief statement of the reasons for the finding shall be written in the language of the Court. (Vide Section 264 Cr.P.C). In case the accused is sentenced to imprisonment, it shall not be for a term exceeding 3 months. (Vide Section 262 (2) Cr.P.C).

No hearing on the proposed sentence

In summary trial, unlike in the case of “warrant trial” and “sessions trial” there is no requirement of hearing the accused on the proposed sentence.

Record in Summary Trials

After the summary trial, Section 263 Cr.P.C insists that the Magistrate shall make a record in the prescribed Form the following particulars in the language of the Court. Section 263 Cr.P.C. reads as follows :-

“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 offence;

(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 offence 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 offence has been committed;

(g) the plea of the accused and his examination (if any);

(h) the finding;

(i) the sentence or other final order;

The “judgment” under Section 264 Cr.P.C as well as the “record” under Section 263 Cr.P.C in “summary trials” shall be written in the language of the Court as determined by the State Government under Section 265 read with Section 272 Cr.P.C.

Q.4 Is there any limit on the sentence of imprisonment to be passed for “summary trials” under Chapter XXI Cr.P.C. ?

Ans. Yes. Section 262 (2) enjoins that no sentence of imprisonment for a term exceeding 3 months shall be passed on a conviction under Chapter XXI Cr.P.C.