What are the objects of summary trials under Criminal Procedure Code, 1973 ? State any four offences which may be summarily tried.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2023
What are the objects of summary trials under Criminal Procedure Code, 1973 ? State any four offences which may be summarily tried.
Answer & Explanation:
There are three kinds of trials primarily - warrant, summons and summary. Summary Trials are mentioned in Chapter XXI of the Code of Criminal Procedure, 1973. In this trial, the cases are disposed of speedily as the procedure is simplified and the recording of such cases are done summarily. In this type of trial, only the offences which fall into the small/petty category are tried. Complex cases are reserved for warrant or summons trial. To determine whether a case should be tried summarily, the facts stated in the complaint form the primary basis. The Object of Summary trial in the Code of Criminal Procedure, 1973 is, a speedy trial by dispensing with formalities or delay in proceedings. By summary cases is meant a case which can be tried and disposed of at once. Generally, it will apply to such offences not punishable with imprisonment for a term exceeding two years. Following offences may be tried summarily: offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years; theft under Section 379, Section 380 or Section 381 of the Indian Penal Code, where the value of the property stolen does not exceed ₹2,000; receiving or retaining stolen property, under Section 411 of the Indian Penal Code, where the value of such property, does not exceed ₹2,000; assisting in the concealment or disposal of stolen property, under Section 414 of the Indian Penal Code, where the value of such property does not exceed ₹2,000; offences under Sections 454 and 456 of the Indian Penal Code; insult with intent to provoke a breach of the peace, under Section 504 of the Indian Penal Code; abatement of any of the foregoing offences; an attempt to commit any of the foregoing offences, when such attempt is an offence; any offence constituted by an act in respect of which a complaint may be made under Section 20 of the Cattle Trespass Act, 1871.
Topics: Criminal Procedure Code, 1973
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