Summary Trials by Magistrate

Chapter XXI

Summary Trials under Code of Criminal Procedure

260. Power to try summarily

(1) Notwithstanding anything contained in this Code–

(a)any Chief Judicial Magistrate;

(b)any Metropolitan Magistrate;

(c)any Magistrate of the first class specially empowered in this behalf by the High Court, may, if he thinks fit, try in a summary way all or any of the following offences:–

(i)offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(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 under sections 454 and 456 of the Indian Penal Code (45 of 1860);

(vi)insult with intent to provoke a breach of the peacePeace εἰρήνη, 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).

(2) When, in the course of a summary trial 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 this Code.

261. Summary trial by Magistrate of the second class

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

262. Procedure for summary trials

(1) In trial under this Chapter, the procedure specified in this Code for the trial of summonsSummons It means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties.-case shall be followed except as hereinafter mentioned.

(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

263. Record in summary trials

In every case tried summarily, the Magistrate shall enter, in such form as the Stale 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;
(j)the date on which proceedings terminated.

264. JudgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) in cases tried summarily

In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 and a judgment containing a brief statement of the reasons for the finding.

265. Language of record and judgment

(1) Every such record and judgment shall be written in the language of the Court.

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