WHAT IS SUMMARY TRIAL?

Summary trial means short trials avoiding the regular lengthy procedure. Summary trial aims at speedy or quick
disposal of minor offences. The procedure followed in the summary trial is to some extent the procedure of trial of
summons cases having some differences to the effect that in summary trial not the formal and elaborate recording of
evidence and judgment but only a memorandum of the substance of evidence or a brief statement are recorded . In
summary trial no sentence of imprisonment for a term more than three months can be imposed by the Magistrate.
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 leveled against him under Cr.P.C.1
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.

1 Section 251

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.

SUMMARY TRIAL - OVERVIEW

The course of a summary trial mirrors, to a large extent, trial on indictment. The principal distinction between
summary trial and trial by jury is that in the magistrates court the magistrates/district judges are judges both of law
and fact. In the Crown Court questions of law are decided by the Crown Court judge while questions of fact are
decided by the jury.

PROCEDURAL REQUIREMENTS:
1. Chapter 108 of QR&O2 prescribes the procedure for each step in the summary trial process. Fairness is essential in
the conduct of summary trials and in order to ensure it is maintained, presiding officers are required to follow all
procedural requirements contained in the QR&O.
2. Occasionally issues will arise for which procedures or specific considerations have not been set out in regulations.
Presiding officers must exercise their discretion in resolving such issues in accordance with the principles of fairness
and the purpose of summary trials.

STAGES OF A SUMMARY TRIAL

The first stage in the summary trial process is for the defendant to confirm whether he is pleading guilty or not guilty
to the offence charged. If he confirms or pleads not guilty the prosecution has a right to make an opening speech.
The Criminal Procedural Rules 2011 (2011) expressly provide that the prosecution can summarize its case and
identify relevant law and facts.
The defense has no right to make an opening speech in the magistrates court. After the prosecution opening speech,
the prosecution will call the evidence on which it is relying. This may take the form of:

witnesses who will attend court to give oral evidence

written statements admitted under the provisions of the Criminal Justice Act 1967 (CJA 1967), section-9

2 Queen's Regulations and Orders (QR&Os)

formal admissions under CJA 1967, section-10

hearsay evidence admitted under the Criminal Justice Act 2003 (CJA 2003)

Evidence admitted by way of special measures under the (YJCEA 1999).3

Each witness who is called by the prosecution to give evidence will be questioned in the same sequence as
trial on indictment, namely:

examination in chief (by prosecutor)

cross-examination (by defense)

re-examination (by prosecutor)

Questions from the bench, if appropriate.

At the close of the prosecution case the defense may make a submission of no case to answer.
The test for a submission of no case to answer is set out in crim. Proced. 2011. The submission will succeed if the
court is satisfied that there is insufficient evidence on which a court properly directed could convict.
If the submission is successful the defendant will be acquitted.
If no submission is made or if it is unsuccessful the defense may but do not have to call evidence.
The defendant cannot be compelled to give evidence in his own defense.
The defense may present evidence in the same format as the prosecution.
At the conclusion of the defense case, crim. procedure 2011 provide that both the prosecution and the defense may
make final representations (closing speeches).
The court will then consider and announce its verdict. Following implementation of the Human Rights Act4, the
magistrates court must now give reasons for its decisions.

3 Youth Justice and Criminal Evidence Act 1999

4 the Human Rights Act 1998

PLACE OF TRIAL:
The NDA and QR&O provide that any accused charged with having committed a service offence may be dealt with
and tried under the Code of Service Discipline either in or outside of Canada. The determination of the location of the
trial will depend upon a number of factors, including:
1. circumstances of the accused;
2. location of witnesses; and
3. Operational posture of the unit.
The discretion should be exercised based upon a balancing of convenience and disciplinary interests, bearing in mind
the principles of fairness and the unit's duty to act expeditiously.
As pointed out by the Allahabad High Court, if the case is a complicated one, it should not
be tried summarily . The Bombay High Court has observed that if the accused is deaf and
dumb, it would be c5onvenient to try him summarily. (Deaf & Dumb Man, 1906 B.L.R. 849)

WHAT OFFENCES MAY BE TRIED SUMMARILY AND BY

WHOM?
Section 260 of the Cr.P.C provides the power to try case summarily. According to this section -(1) Notwithstanding anything contained in this Code,(a) Any Chief Judicial Magistrate;
(b) Any Metropolitan Magistrate;
(c) Any Magistrate of the first class specially empowered in this behalf by the

5 Dina Nath,1913 35 All. 173

High Court,

MAY, IF HE THINKS FIT, TRY IN A SUMMARY WAY ALL OR ANY OF THE FOLLOWING OFFENCES:
I.

Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two year

II.

does not exceed (two thousand rupees);

Theft under section 379, section 380 or section 381 of the Indian Penal Code, where the value of the property
stolen does not exceed (two thousand rupees);assisting in the concealment or disposal of stolen property,

III.
IV.

under section 414 of the Indian Penal Code , where the value of such property.
Offences under sections 454 and 456 of the Indian Penal Code.
Insult with intent to provoke a breach of the peace, under section 504, and (criminal intimidation punishable
with imprisonment for a term which may extend two years, or with fine, or with both) under section 506 of

V.
VI.
VII.

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.

(2) 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 rehear the case in a manner provided by this code.

The distinction between the warrant and the summons procedures in a summary trial is abolished and all cases
would be tried by summons procedure whether the case is a summons case or a warrant case.

When in the course of a summary Trail it appear to the Magistrate that the nature of the case is such that it is
undesirable to try it summarily , the Magistrate shall recall any witness who may have been examined and proceed to
rehear, the case in the manner provide by Criminal Procedure Code (Cr.P.C). 7

6 Section 260 cr.p.c

7 Summary trial proceed as the summon cases.

CAN A MAGISTRATE OF THE SECOND CLASS TRY A CASE

SUMMARILY?

Section 261 of Cr.P.C provides power to hold summary trial by a Magistrate of the second class. According to this
section the High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class
power to try summarily any offence which is punishable only with fine with imprisonment for a term not exceeding
six months with or without fine, and any abetment of or attempt to commit any such offence. It is pertinent to
mention here that in the state of West Bengal, now there is no Second Class Magistrate and all the Magistrates are
designated as First Class Magistrates.
(Summary trial by Magistrate of the second class- According to section 261 of Criminal Procedure Code (Cr.p.c), the
High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power, to try
summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months
with or without fine and any abetment of or attempt to commit any such offence.)8

PROCEDURE FOR SUMMARY TRIAL: Section 262 of Cr.P.C provides the procedure for summary trials. This section says that
1) In trials under this Chapter, the procedure specified in this Code for trial of summons-case shall be followed
except as hereinafter mentioned.
2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction
under this Chapter.

Section 263 further provides regarding record in a summary trials. According to this section , in every case tried
summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particles,
namely ;

8 S.261 criminal procedure code

(a) The serial number of the case;

(b) The date of the commission of the offence;
(c) The date of the report or complaint;
(d) The name of the complainant ( if any);
(e) The name, parentage and residence of the accused;
(f) The offence complained of and the offence (if any) proved, and in cases
Coming under clause (ii), clause (iii) or clause (iv) or sub-section (1) of
Section 260, the value of the property in respect of which the offence has
Been committed;
(g) The plea of the accused and his examination (if any);
(h) The finding;
(I) the sentence or other final order;
(j) The date on which proceedings terminated.

Section 264 of Cr.P.C lays down that the Judgment in cases tried summarily in which the accused does not plead
guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the
reasons for the finding.

SUMMARY TRIAL PROCEDURE IN SPECIAL

CASES
1) Circumstances may arise during the course of a summary trial that require a presiding officer to depart from the
typical summary trial procedures. These include situations where an election or an adjournment becomes
necessary after the trial has started, or where a situation arises that is not provided for in QR&O.
2) Election during Summary Trial. When an accused has not been given an election before the summary trial
commences, there could be circumstances which require that the accused be given the opportunity to elect trial
by court martial during the summary trial.

3) An accused has the right to elect trial by court martial for all but a limited number of service offences. If an
accused has been charged with one of the five minor service offences, and the presiding officer determines that,
prior to commencing the summary trial, if found guilty the punishments of detention, reduction in rank or a fine
in excess of 25% of the accused basic monthly pay would not be warranted, then no election need be
given. However, if at any time during the summary trial, before making a finding on guilt, the presiding officer
decides that if found guilty at least one of these punishments would be warranted; the presiding officer must
give the accused the opportunity to elect to be tried by court martial.
4) The presiding officer must apply the same considerations and procedures for an election given during a trial as
one given prior to the trial commencing. Therefore, the summary trial will be adjourned to allow the accused a
reasonable opportunity (not less than 24 hours), to consult legal counsel, to decide whether to elect to be tried
by court martial, and to make that decision known.
5) The following is an example of when an accused might be given the right to elect court martial during the
summary trial. An accused is charged with Insubordinate Behavior (s. 85 of NDA) in that the accused acted
with contempt towards a superior officer. The evidence heard at summary trial reveals that the contemptuous
behavior took place in front of the accusers subordinates. The presiding officer might decide that the facts
establish that a punishment of detention, reduction in rank or fine in excess of 25% of the accusers basic
monthly pay would be appropriate if the accused is found guilty.
6) . The presiding officer may adjourn a summary trial9 at any time on the initiative of the presiding officer or at
the request of the accused, if the presiding officer considers it desirable. For example, as adjournment may be
given to allow the accused the opportunity to discuss the case with the assisting officer or respond to new
evidence disclosed. The presiding officer must act fairly when exercising discretion to allow an accusers
adjournment request.
7) There are also circumstances when the presiding officer will be required to adjourn the summary trial. A
summary trial must be adjourned when there are reasonable grounds to believe that the accused is unfit to stand
trial or was suffering from a mental disorder at the time of the alleged offence. It must also be adjourned where
the CO or superior commander decides to offer the accused the election to be tried by court martial after the
summary trial has begun.
8) The summary trial must also be adjourned if the presiding officer concludes that it is inappropriate to try the
case, having regard to the interests of justice and discipline. For example, this could arise in circumstances
where evidence is led which put the presiding officer into a conflict of interest situation.
9) If the presiding officer adjourns a summary trial in circumstances where it would be inappropriate for that
officer to continue with the trial, the case must be adjourned and the charge referred to another officer who has
the authority to deal with the case. Furthermore, the accused must be informed that the case is being referred to
another authority.

9 Adjournments during a Summary Trial

10) An accused who was in custody prior to the commencement of the summary trial or who was ordered into
custody during the trial may be kept in custody on the direction of the presiding officer when the trial is
adjourned for the purpose of referring the case to another authority for disposal. Alternatively, the presiding
officer may order that the accused be released from custody.

LIMITATION PERIOD:
A limitation period is a specified period of time in which a charge must be laid. In general, the limitation period
begins the instant conduct occurs that may be subject to a charge. If charges are not laid within the
applicable limitation period, the authority to try the accused for the offence charged is lost.
With respect to service offences, the general rule is that anyone subject to the Code of Service Discipline at the time
of the alleged commission of a service offence, can at any time be charged, dealt with and tried under the Code of
Service Discipline. There are two exceptions to this rule. First, if the offence is punishable under NDA sections
130 or 132 and would have been subject to a limitation period if it had been dealt with other than under the Code of
Service Discipline (i.e. under another federal statute or foreign law), that other limitation period applies. In the
summary trial context this exception would have application in the case of an accused charged with an offence under
section 335 (Taking Motor Vehicle or Vessel Without Consent) of the Criminal Code or section 4(1) of
the Controlled Drugs and Substances Act (Possession) where the amount is less than 1 gram of cannabis resin or 30
grams of marihuana and tried by a CO or superior commander. The limitation period in that case would be six
months.
The second exception is that summary trials must begin within one year of the date on which the offence is alleged to
have been committed. The summary trial does not have to be completed before the one year date, only begun within
that time. A trial is begun when the accused is brought before the presiding officer and the presiding officer takes the
oath and causes the charges to be read. An offence involving a series of acts occurring over an extended period of
time may form the basis of a single charge where they constitute a continuous transaction. For example, if someone
steals money from their roommate's wallet on a regular basis over a six month period, these incidents may all support
one charge of stealing rather than a number of separate charges for each act. The relevant date for determining the
limitation period in such a case would be the last date of the continuous transaction therefore, the limitation period
would not expire until one year from the date on which the last incident in the continuous act of theft is alleged to
have occurred.

ROLE OF THE LEGAL ADVISER:

Court clerks or legal advisers play an important role during a summary trial. Their responsibilities are set out in the
Consolidated Criminal Practice Direction [2002]10. They play no part in making findings of fact. During the trial
their responsibilities include taking a note of the evidence and advising the magistrates on points of law and
procedure.

ORDER OF EVIDENCE:
Once a party has closed its case, it is generally not permitted to call any further evidence. However, there are
exceptions.
It may be permissible to call evidence to rebut a matter raised by a party. This is permitted under Crim PR 201111.
A court may also exercise its discretion to allow a party to reopen its case if it thinks it is in the interest of justice to
do so.

UNREPRESENTED DEFENDANTS
A defendant is entitled to conduct his own defense in the magistrates court in the same way as a defendant can
represent himself in the Crown Court.
In the magistrates court it is the responsibility of the court clerk to assist an unrepresented defendant during the trial.
The court clerk must do this without becoming an advocate for the party.
There are restrictions on the right of an unrepresented defendant to cross-examine certain witnesses. These
restrictions are contained in YJCEA 1999. For example, a defendant charged with a specified sexual offence may not
cross-examine the alleged victim.

10 3 All ER 904

11 SI 2011/1709, Pt 37.

In cases where the defendant is prevented from cross-examining a witness a representative can be appointed by the
court to carry out the cross-examination under the provisions of CJA 2003.

TRIAL IN ABSENCE:
Where a defendant fails to attend court the Magistrates Courts Act 1980 stipulates that the magistrates must try the
case in the defendants absence unless it would not be in the interests of justice to do so.
The Consolidated Criminal Practice Direction [2002] 3 All ER 904 provides that the court should proceed with the
utmost care and caution when deciding whether to proceed to try a defendant in his absence.
Guidance has been given by Lord Bingham in R v Jones [2002] UKHL 512. Where the court exercises its discretion
to proceed in the defendants absence it will be a matter for the advocate to decide whether to continue to act in the
absence of his client.13

CHALLENGING ADMISSIBILITY OF
EVIDENCE:
A particular issue in the magistrates court is challenging the admissibility of evidence. In the magistrates court the
magistrates are judges of both fact and law. If they rule evidence inadmissible there is a danger that they will be
unable to ignore it and it may still influence their decision making.
In the Crown Court issues of admissibility are usually decided by a judge before the prosecution opening speech. In
the magistrates court the stage at which an application is heard to exclude evidence under the provisions of the
Police and Criminal Evidence Act 1984 (PACE 1984) is a matter for the discretion of the court.
12 [2002] 2 All ER 113

13 Lord Bingham in R v Jones

Dock identifications can be particularly problematic. A Dock identification is obtained where a witness who has not
previously identified the defendant in any identification procedure is asked in court if he is able to identify the
defendant as the person who had committed the crime. Dock identifications are generally undesirable because a
defendant who has not participated in an identification procedure under PACE 1984 is deprived of the protections
afforded by that Act. If a dock identification has taken place an application could be made to exclude the evidence
under PACE 198414.15

PREPARATION FOR TRIAL:

There is an obligation on the court and the parties to ensure that cases are properly prepared for trial. In particular a
party must ensure that:
1) the proper procedural steps have been taken to ensure the admissibility of certain forms of evidence such as
hearsay and bad character
2) applications for special measures to assist a witness or a defendant have been made in accordance with the
provisions of YJCEA 199916 and Crim PR 2011, SI 2011/1709, Pt 29
3) a certificate of trial readiness has been completed, if required by the court.
4) The magistrates court has the power to make pre-trial directions under Crim PR 2011, SI 2011/1709,
5) The court may also require the parties to identify:
6) the order of witnesses
7) what evidence can be read to the court under Crim pro.1967, 17
14 Police and Criminal Evidence Act 1984

15 Section 78.
16 The Youth Justice and Criminal Evidence Act 1999

17 SECTION-9

8) whether a court order is needed to secure the attendance of witnesses

9) The legal issues in the case.

LANGUAGE OF RECORD AND JUDGMENT:Regarding language of record and judgment, section 265 says that every such record and judgment shall be written in
the language of the Court. The High Court may authorize any Magistrate empowered to try offences summarily to
prepare the aforesaid record or Judgment or both by means of an officer appointed in this behalf by the Chief Judicial
Magistrate and the record or Judgment so prepared shall be signed by the Magistrate.
CASE LAW:
In Ram Lochan vs State, 1978, it was held that although trying a govt. servant summarily
is legal, it should not be done so because upon conviction, govt. servant may lose his job,
which is a serious Loss.

SUMMARY :
SUMMARY TRIAL
1. A kind of fast track proceeding where a case is resolved in one sitting.
2. Meant for petty offenses, to reduce the burden of court

S. 260 - When a case involving the following offenses comes to CJM, MM, and JMFC for
hearing, they have the discretionary power to decide whether they want to try the case
summarily or not. There are 9 such offences any offence that does not have death, life imprisonment or imprisonment of more than 2 yrs
as punishment, theft, lurking house trespass, receiving stolen property, assisting in
concealment of stolen property, abetment of the offences covered under this section,
attempt of these offences.
If at any point in while trying the matter in this manner, if the court thinks that it is
undesirable to try the case summarily, it shall recall any witnesses who may have been
examined and proceed to re-hear the case in the manner provided in this code (i.e. as a
summons trial or warrant trial)

S. 261 - High Court may give power to Judicial Magistrate Second class to try offences
involving imprisonment of less than 6 months summarily.

S. 262 - Sentence of imprisonment of more than 3 months cannot be passed in a

summary trial and the procedure adopted in a summary trial will be same as the procedure
adopted in a Summons case except the following changes -

S. 263 - The judge must record the following particulars in the prescribed format - serial
number of the case, date of offence, date of complaint, name of complainant, name, age,
address, parentage of accused, offence complained and offence proved, plea of the accused
and his examination, findings, sentence, and date of termination of the proceeding.

S. 264 - If the accused does not plead guilty, the judge must record the substance of
the evidence and give reasons for the judgment.

S. 265 - Every such record and judgment shall be in the language of the court.