Introduction
The Code of Criminal Procedure, 1973 (CrPC) lays down detailed procedures for different types of criminal trials based on the gravity of offences. One such procedure is for the trial of summons cases by Magistrates, which deals with less serious offences. These cases are comparatively simpler and faster in process, ensuring quick and efficient disposal of minor criminal matters. This essay explores the meaning, nature, and step-by-step procedure for the trial of summons cases by Magistrates, as per the provisions of Sections 251 to 259 of the CrPC.
What Is a Summons Case?
Under Section 2(w) of the CrPC, a “summons case” is defined as a case relating to an offence not being a warrant case, meaning the offence is punishable with imprisonment for less than two years.
In simpler terms, these are less serious offences, such as petty theft, public nuisance, mischief, defamation, etc., where the law prescribes a maximum punishment of up to two years, with or without fine.
Unlike warrant cases (which deal with offences punishable with more than two years of imprisonment), summons cases follow a simpler and less formal trial procedure.
Legal Provisions: Sections 251 to 259 CrPC
The procedure for the trial of summons cases is laid out in Sections 251 to 259 of the Code of Criminal Procedure, 1973. This procedure is designed to be summary in nature, ensuring justice is delivered without unnecessary delay while upholding the principles of natural justice.
Step-by-Step Procedure for the Trial of Summons Cases by Magistrates
Examination of the Accused (Section 251 CrPC)
When the accused appears or is brought before the Magistrate, the Magistrate states the particulars of the offence to the accused in a simple and understandable language.
No formal charge is required to be framed.
The accused is asked whether he pleads guilty or wishes to contest the case.
Conviction on Plea of Guilty (Section 252 CrPC)
If the accused admits guilt, the Magistrate may record the plea and, in his discretion, convict the accused.
Before doing so, the Magistrate must ensure that the plea is voluntary and genuine.
Procedure When the Accused Does Not Plead Guilty (Section 254 CrPC)
If the accused does not plead guilty, the Magistrate proceeds to record the evidence of the prosecution witnesses.
The accused may cross-examine these witnesses.
After recording prosecution evidence, the Magistrate may examine the accused under Section 313 CrPC.
If the accused has any witnesses or documents in his defence, they are also considered.
No Witness Need Be Re-summoned (Section 254(2) CrPC)
If any witness is present in court, he can be examined without issuing a summons. This helps expedite the process.
Acquittal of the Accused (Section 255 CrPC)
If the Magistrate finds that the accused is not guilty, he shall acquit the accused and record the reasons for the decision.
Conviction and Sentence (Section 255(2) CrPC)
If the Magistrate finds the accused guilty, he shall convict and sentence him according to law.
The accused has the right to be heard on the quantum of sentence before it is passed.
Stopping Proceedings in Certain Cases (Section 258 CrPC)
In certain summons cases, a Magistrate may stop the proceedings at any stage before judgment if it appears that the case should not proceed further.
If the accused has been released on bail, the Magistrate may discharge him; if he is not on bail, the Magistrate may release him with or without sureties.
Non-Appearance or Death of the Complainant (Section 256 CrPC)
If the complainant does not appear on the date fixed, the Magistrate may acquit the accused unless there is a valid reason for proceeding further.
In case of the death of the complainant, the court may allow the legal representative to continue the case.
Compensation to the Accused (Section 250 CrPC)
If the Magistrate finds that the accusation was false or frivolous, he may order the complainant to pay compensation to the accused, not exceeding ₹1,000, unless otherwise provided by law.
Features of Summons Case Trial Procedure
- No formal charge is framed.
- The process is quick and summary in nature.
- The Magistrate explains the offence in simple terms.
- Guilty plea can lead to immediate conviction.
- Witnesses may be examined without summons if present.
- Flexible procedure in case of complainant’s absence.
- Scope for compensation to the wrongfully accused.
Judicial Observations
Indian courts have emphasized that while summons cases involve minor offences, procedural fairness must not be compromised.
In the case of Adalat Prasad v. Rooplal Jindal, the Supreme Court reiterated that even in summons cases, the rights of the accused must be protected.
In Khatri v. State of Bihar, it was held that the accused must be given full opportunity to cross-examine witnesses and produce evidence, even in summary trials.
Table Summary: Trial Procedure for Summons Cases
| Stage | Provision | Description |
|---|---|---|
| Statement of Offence | Section 251 CrPC | Offence explained to accused; no formal charge |
| Guilty Plea and Conviction | Section 252 CrPC | Accused may plead guilty; Magistrate may convict |
| Trial When Not Guilty | Section 254 CrPC | Evidence of prosecution recorded; defence heard |
| Acquittal | Section 255(1) CrPC | Accused acquitted if not guilty |
| Conviction and Sentencing | Section 255(2) CrPC | Accused convicted and sentenced if found guilty |
| Non-Appearance of Complainant | Section 256 CrPC | Accused acquitted if complainant fails to appear |
| Stopping Proceedings | Section 258 CrPC | Proceedings stopped in certain situations |
| Compensation for False Accusation | Section 250 CrPC | Compensation may be awarded to accused |