Enumerate the stages of a criminal trial in a summons case.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2019
Enumerate the stages of a criminal trial in a summons case.

Answer & Explanation:

According to Section 2(w) of Code of Criminal Procedure, 1973, those cases in which an offense is punishable with an imprisonment of fewer than two years is a summons case. Stages of Criminal Trial in a summons case are- Pre-trial: In the pre-trial stage, the process such as filing of FIR and investigation is conducted. Charges: In summons trials, charges are not framed in writing. The accused appears before the court or is brought before the court then the Magistrate would orally state the facts of the offense he is answerable. Plea of guilty: The Magistrate after stating the facts of the offence will ask the accused if he pleads guilty or has any defense to support his case. If the accused pleads guilty, the Magistrate records the statement in the words of the accused as far as possible and may convict him on his discretion. Plea of guilty and absence of the accused: In cases of petty offences, where the accused wants to plead guilty without appearing in the court, the accused should send a letter containing an acceptance of guilt and the amount of fine provided in the summons. Prosecution and defense evidence: If the accused does not plead guilty, then the process of trial starts. The prosecution and the defense are asked to present evidence in support of their cases. Judgement: When the sentence is pronounced in a summons case, the parties need not argue on the quantum of punishment given. The sentence is the sole discretion of the judge. This right to appeal is also extended to the accused.

Topics: Criminal Procedure Code

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