Discuss the summary trial by a Magistrate under the Criminal Procedure Code, 1973.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
Discuss the summary trial by a Magistrate under the Criminal Procedure Code, 1973.

Answer & Explanation:

Summary trial means the "speedy disposal" of cases. 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. Section 260(1) of the Criminal Procedure Code sets out the provisions for summary trials. It says: (a) any Chief Judicial Magistrate; (b) any Metropolitan Magistrate; (c) any Magistrate of the First class who is 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: 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 ₹2000; receiving or retaining stolen property, under Section 411 of the Indian Penal Code, where the value of such property, does not exceed ₹2000; 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 ₹2000; 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 and criminal intimidation under section 506 of the Indian Penal Code; abetment 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. Section 260(2) of the Criminal Procedure Code states that 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 in this Code. Summary trial is a speedy trial by dispensing with formalities or delay in proceedings. Section 262 of the Criminal Procedure Code envisages procedure for summary trials.

Topics: Criminal Procedure Code, 1973

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