Trial of Summon Cases by Magistrates - Procedure and Conviction
CHAPTER 20
TRIAL OF SUMMONS-CASES
BY MAGISTRATES
By Dr. Kalpesh Nikawat
Summon Case
Definition
A s per section 2 (W)
1. A case relating to an offence, not being a
warrant case.
2. A case relating to an offence which is not
punishable with death, imprisonment for life or
imprisonment for a term exceeding two years.
3. The trial procedure for summon cases is
contained in section 251 to 259 Cr.P.C.
Section 251.
Substance of accusation to be stated
•
When in a summons-case the accused appears
or is brought before the Magistrate, the
particulars of the offence of which he is
accused shall be stated to him, and he shall be
asked whether he pleads guilty or has any
defence to make,
but it shall not be necessary
to frame a formal charge.
251
•
The object of the section is to apprise the accused of the
charge against him. He is Explained about the facts
constituting the offence for the commission of which he
is going to put on trial.
•
It is not necessary to frame a formal charge in a trial of
a summon case as per the provision of section 211-213
of Cr.P.C.
•
The magistrate must record the plea of guilty at the
commencement of the trial, if the accused pleads so.
However, the magistrate is bound to convict the
accused who pleads guilty, if he thinks it necessary in
the interest of justice to have evidence of his guilty.
Section 252
Conviction on plea of guilty
•
If the accused pleads guilty
,
the Magistrate
shall record the plea
as nearly as possible in
the words used by the accused and may, in his
discretion,
convict him thereon.
252
•
If the accused pleads guilty, it is imperative for
the magistrate to record the plea in the exact
words used by the accused as nearly as
possible and in the accused own language in
order to avoid any misapprehension.
Section 253
Conviction on plea of guilty in absence of
accused in petty cases.
•
(1)
Where a summons has been issued under section 206 and the
accused
desires to plead guilty to the charge without appearing
before the Magistrate, he
shall transmit to the Magistrate, by post or
by messenger, a letter containing his plea and also the amount of
fine specified in the summons.
•
(2)
The Magistrate may
, in his discretion,
convict the accused in his
absence, on his plea of guilty and sentence him to pay the fine
specified in the summons, and the amount transmitted by the
accused shall be adjusted towards that fine, or where a pleader
authorized by the accused in this behalf pleads guilty on behalf of
the accused, the Magistrate shall record the plea as nearly as
possible in the words used by the pleader and may, in his discretion,
convict the accused on such plea and sentence him as aforesaid.
253
•
This section contains an enabling provision which
is introduced in the code with a view to
disposing
of petty cases without requiring the presence of
the accused.
•
The section also allows a
pleader appearing on
behalf of the accused person to plead guilty
on his
behalf.
•
The power conferred under this section
should be
used by the Magistrate with great caution and care
and not arbitrarily.
Section 254
Procedure when not convicted
•
(1) If the Magistrate does not convict the accused under
section 252 or section 253, the Magistrate shall proceed to
hear the prosecution and take all such evidence as may be
produced in support of the prosecution, and also to hear the
accused and take all such evidence as he produces in his
defence.
•
(2) The Magistrate may, if he thinks fit, on the application
of the prosecution or the accused, issue a summons to any
witness directing him to attend or to produce any document
or other thing.
•
(3) The Magistrate may, before summoning any witness on
such application require that the reasonable expenses of the
witness incurred in attending for the purposes of the trial be
deposited in Court.
254
•
If the accused does not plead guilty under sec
252, the
Magistrate shall hear the complaint
and his witnesses; and he cannot acquit the
accused without such examination.
Section 255
Acquittal or conviction
•
(1)
If the Magistrate
, upon taking the evidence referred to in
section 254 and such further evidence, if any, as he may, of
his own motion, cause to be produced,
finds the accused not
guilty, he shall record an order of acquittal
.
•
(2) Where the Magistrate does not proceed in accordance
with the provisions of section 325 or section 360, he shall, if
he finds the accused guilty, pass sentence upon him
according to law.
•
(3) A Magistrate may, under section 252 or section 255,
convict the accused of any offence triable under this
Chapter, which from the facts admitted or proved he
appears to have committed, whatever may be the nature of
the complaint or summons, if the Magistrate is satisfied that
the accused would not be prejudiced thereby.
255
•
An order of acquittal can be passed by the
magistrate only after hearing the witnesses and
taking evidence
referred to in sec 254.
•
If the magistrate convicts the accused, he will
pass sentence on him according to law.
Section 256
Non-appearance or death of complainant
•
(1) If the summons has been issued on complaint, and on the day
appointed for the appearance of the accused, or any day subsequent
thereto to which the hearing may be adjourned, the complainant
does not appear, the Magistrate shall, notwithstanding anything
hereinbefore contained, acquit the accused, unless for some reason
he thinks it proper to adjourn the hearing of the case to some other
day: Provided that where the complainant is represented by a
pleader or by the officer conducting the prosecution or where the
Magistrate is of opinion that the personal attendance of the
complainant is not necessary, the Magistrate may dispense with his
attendance and proceed with the case.
•
(2) The provisions of sub- section (1) shall, so far as may be, apply
also to cases where the non- appearance of the complainant is due to
his death.
256
•
This section applies to cases where summons has been issued to the
accused on the complaint and the complainant does not appear
before the court on the day appointed for the appearance of the
accused.
•
Similar provisions exits in section 249 to be applicable in a warrant
case.
•
In case of absence of death of the complainant, the Magistrate may
use his judicial discretion. He may-
•
(1) order the acquittal of the accused if he deems it proper; or
•
(2) postpone the hearing for some future date; or
•
(3) proceed with the case further keeping aside the absence of the
accused due to his non-appearance or death, as the case may, where
he finds it necessary to do so in the interest of justice
.
Section 257
Withdrawal of complaint
•
If a complainant,
at any time before a final
order
is passed in any case under this Chapter,
satisfies the Magistrate that there are sufficient
grounds for permitting him to withdraw his
complaint against the accused, or if there be
more than one accused, against all or any of
them,
the Magistrate may permit him to
withdraw the same, and shall thereupon acquit
the accused against whom the complaint is so
withdrawn.
257
•
The section provides for the withdrawal of the
complaint with the consent of the court any time
before the final order is passed.
The section refers
to withdrawal of complaint only in summons
cases.
The section requires that the complainant
should make a request for the withdrawal of the
complaint satisfying the court that there are
valid
grounds for the withdrawal of the complaint.
The
Magistrate at his discretion may allow withdrawal
of the complaint and thereafter order acquittal of
the accused.
Section 258
Power to stop proceedings in certain cases
.
•
In any summons- case instituted otherwise than
upon complaint, a Magistrate of the first class or,
with the previous sanction of the Chief Judicial
Magistrate, any other Judicial Magistrate, may,
for reasons to be recorded by him, stop the
proceedings at any stage without pronouncing any
judgment and where such stoppage of
proceedings is made after the evidence of the
principal witnesses has been recorded, pronounce
a judgment of acquittal, and in any other case,
release the accused, and such release shall have
the effect of discharge
258
•
This section applies
only to a summons case
instituted otherwise than upon a complaint and
does not apply on complaint case.
•
The Magistrate may stop the proceedings at
any stage before the pronouncement of
judgment but he has to
record the reasons as
required by this section.
Section 259
Power of Court to convert summons- cases into
warrant- cases
•
When in the course of the trial of a summons-
case relating to
an offence punishable with
imprisonment for a term exceeding six months it
appears to the Magistrate that in the interests of
justice, the offence should be tried in accordance
with the procedure for the trial of warrant- cases,
such Magistrate may proceed to re- hear the case
in the manner provided by this Code for the trial
of warrant- cases and may recall an witness who
may have been examined.
259
•
This section empowers
the Magistrate to convert a
summons case into a warrant case if the offence is
punishable with imprisonment for more than six
months
and he is of the opinion that justice
demands the case to be tried as a warrant case.
Where a summons case is so converted into a
warrant case,
the proceedings should be started
de
novo.
The Magistrate may also recall any
witnesses who may have already been examined
when the case was proceeded as a summons case.
•
* De novo :
starting from the beginning
In a summon case, the accused is informed of the offense, asked to plead guilty, and provided a chance to present a defense without a formal charge being framed. The magistrate records the plea and may convict based on a guilty plea. If the accused pleads guilty in absence, a letter can be sent to the magistrate, and a fine may be imposed. The process ensures fairness and justice in summon cases under the Cr.P.C.
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CHAPTER 20 TRIAL OF SUMMONS-CASES BY MAGISTRATES By Dr. Kalpesh Nikawat
Summon Case Definition As per section 2 (W) 1. A case relating to an offence, not being a warrant case. 2. A case relating to an offence which is not punishable with death, imprisonment for life or imprisonment for a term exceeding two years. 3. The trial procedure for summon cases is contained in section 251 to 259 Cr.P.C.
Section 251. Substance of accusation to be stated When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.
251 The object of the section is to apprise the accused of the charge against him. He is Explained about the facts constituting the offence for the commission of which he is going to put on trial. It is not necessary to frame a formal charge in a trial of a summon case as per the provision of section 211-213 of Cr.P.C. The magistrate must record the plea of guilty at the commencement of the trial, if the accused pleads so. However, the magistrate is bound to convict the accused who pleads guilty, if he thinks it necessary in the interest of justice to have evidence of his guilty.
Section 252 Conviction on plea of guilty If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.
252 If the accused pleads guilty, it is imperative for the magistrate to record the plea in the exact words used by the accused as nearly as possible and in the accused own language in order to avoid any misapprehension.
Section 253 Conviction on plea of guilty in absence of accused in petty cases. (1) Where a summons has been issued under section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons. (2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorized by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.
253 This section contains an enabling provision which is introduced in the code with a view to disposing of petty cases without requiring the presence of the accused. The section also allows a pleader appearing on behalf of the accused person to plead guilty on his behalf. The power conferred under this section should be used by the Magistrate with great caution and care and not arbitrarily.
Section 254 Procedure when not convicted (1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. (3) The Magistrate may, before summoning any witness on such application require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
254 If the accused does not plead guilty under sec 252, the Magistrate shall hear the complaint and his witnesses; and he cannot acquit the accused without such examination.
Section 255 Acquittal or conviction (1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.
255 An order of acquittal can be passed by the magistrate only after hearing the witnesses and taking evidence referred to in sec 254. If the magistrate convicts the accused, he will pass sentence on him according to law.
Section 256 Non-appearance or death of complainant (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub- section (1) shall, so far as may be, apply also to cases where the non- appearance of the complainant is due to his death.
256 This section applies to cases where summons has been issued to the accused on the complaint and the complainant does not appear before the court on the day appointed for the appearance of the accused. Similar provisions exits in section 249 to be applicable in a warrant case. In case of absence of death of the complainant, the Magistrate may use his judicial discretion. He may- (1) order the acquittal of the accused if he deems it proper; or (2) postpone the hearing for some future date; or (3) proceed with the case further keeping aside the absence of the accused due to his non-appearance or death, as the case may, where he finds it necessary to do so in the interest of justice.
Section 257 Withdrawal of complaint If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
257 The section provides for the withdrawal of the complaint with the consent of the court any time before the final order is passed. The section refers to withdrawal of complaint only in summons cases. The section requires that the complainant should make a request for the withdrawal of the complaint satisfying the court that there are valid grounds for the withdrawal of the complaint. The Magistrate at his discretion may allow withdrawal of the complaint and thereafter order acquittal of the accused.
Section 258 Power to stop proceedings in certain cases. In any summons- case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge such stoppage of
258 This section applies only to a summons case instituted otherwise than upon a complaint and does not apply on complaint case. The Magistrate may stop the proceedings at any stage before the judgment but he has to record the reasons as required by this section. pronouncement of
Section 259 Power of Court to convert summons- cases into warrant- cases When in the course of the trial of a summons- case relating to an offence punishable with imprisonment for a term exceeding six months it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant- cases, such Magistrate may proceed to re- hear the case in the manner provided by this Code for the trial of warrant- cases and may recall an witness who may have been examined.
259 This section empowers the Magistrate to convert a summons case into a warrant case if the offence is punishable with imprisonment for more than six months and he is of the opinion that justice demands the case to be tried as a warrant case. Where a summons case is so converted into a warrant case, the proceedings should be started de novo. The Magistrate may also recall any witnesses who may have already been examined when the case was proceeded as a summons case. * De novo : starting from the beginning
