What are the objects of the Summary trial? What offences may be summarily tried and by whom? Give a brief account of general provisions of summary trial as constrained in the criminal procedure.

Question: What are the objects of the Summary trial? What offences may be summarily tried and by whom? Give a brief account of general provisions of summary trial as constrained in the criminal procedure. [U.P.P.C.S. (J) 2000 [RJS 1989] Bihar (J) 1987]

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Answer

Summary trial implies speedy disposal. In a summary trial, a case can be tried and disposed of at once. A summary trial is not intended for a contentious and complicated case which necessitates a lengthy inquiry.

The object of a summary trial is to have a record sufficient for the purpose of justice but not so long as to impede the speedy disposal of cases. The procedure prescribed for the trial of summons cases should be followed (section 262). At the conclusion of the trial, the Magistrate enters the accused’s plea and the finding in a form prescribed by Government. No formal charge is framed. There is no appeal in such a trial if a sentence of a fine only not exceeding two hundred rupees has been awarded. There can be an application for revision to the High Court.

Scope

In general, it will apply to offences not punishable with imprisonment for a term exceeding two years. It will also apply in cases of specific offences mentioned in clauses (ii) to (ix) of sub-section (2) of Section 260.

The Magistrates empowered to try cases summarily are:

• Chief Judicial Magistrate,
• Metropolitan Magistrate,
• Magistrate of the first class (specially empowered by the High Court) and
• Any other Magistrate (specially empowered by the High Court)

Types of offences that can be tried in a summary route

The provision under Section 260 of CrPC bestows power to any Chief Judicial Magistrate, Metropolitan Magistrate or Magistrate of the first class empowered by the High Court to try the following offences summarily:

• Offences which are not punishable with death, imprisonment for life or imprisonment for more than two years.
• The offence of theft under Section 379, 380 or 381 of the Indian Penal Code, 1860 if the value of the stolen property is not more than 2000 rupees.
• An offence where a person has received or retained a stolen property worth not more than 2000 rupees, under Section 411 of the Indian Penal Code, 1860
• An offence where a person has assisted in concealing or disposing of stolen property, not worth more than 2000 rupees, under Section 414 of the Indian Penal Code, 1860
• Offences covered under Section 454 and Section 456 of the Indian Penal Code, 1860
• If a person insults with the intention of provoking a breach of peace under Section 504 of the Indian Penal Code, 1860
• In the case of criminal intimidation punishable with imprisonment up to two years or fine or both, under Section 506 of the Indian Penal Code, 1860.
• The abetment of any of the above-mentioned offences
• If an attempt is made to commit any of the aforementioned offences and if such an attempt is a punishable offence
• If an act is committed which constitutes an offence, for which a complaint can be filed under Section 20 of the Cattle Trespass Act, 1871

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