8/27/13

Short essay on Summary Trials

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Short essay on Summary Trials

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Section 260 provides that any Chief Judicial Magistrate or Metropolitan Magistrate or a Magistrate of the First Class specially empowered by the High Court may try summarily certain offences which are enumerated in that Section. The offences are generally simple offences for which the imprisonment prescribed does not exceed two years. Even offences like theft etc., may be tried summarily if the property involved is not more than Rs. 200/ - in value. In the case of a summary trial as soon as the accused is brought before the Court he is questioned with reference to the accusation levelled against him under Section 251 Cr.P.C. If he pleads guilty that fact should be recorded in the summary trials register, but the case record should contain the questions put to the accused and the answer given by him in his own words. When the accused pleads guilty the Magistrate can immediately pass an appropriate sentence by making an entry in the prescribed column in the summary trials register. No separate judgment need be pronounced in such a case. If on the other hand the accused pleads not guilty the evidence of the prosecution witnesses should be recorded. But here again there is no need to record the evidence of the witnesses in the form of elaborate depositions as is done in the case of normal trial, but only the substance of their statements need be recorded in the form of memoranda which need not be signed by the witnesses. But prudence requires that even in summary trials the statements of witnesses are recorded faithfully and elaborately and there is nothing wrong in obtaining the signatures of the witnesses under their statements. If the recording of the prosecution evidence is over, the accused is questioned briefly with reference to it and his answers are once again recorded and the accused is also asked to produce the Defense if any. If the Accused produces any witness the same shall be recorded and the cardinal rule of law of hearing the arguments and accepting the written argument if any submitted by accused under Section 314 of I.P.C. thereafter a judgment of conviction or acquittal as the case may be, is pronounced.

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