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Warrant, Summons and Summary Trial | 17 Oct 2023
Introduction
The word ‘Trial’ is not defined under the Code of Criminal Procedure, 1973 (CrPC). However, it is
commonly understood that the stage of trial begins after the framing of charge and ends with conviction
or acquittal of the accused.
It is the judicial adjudication of a person’s guilt or innocence. Also, we can say that it is an important process
to determine whether the accused is guilty of an offence or not.
Types of Trial
India follows the adversarial system, where generally the onus of proof is on the State
(Prosecution) to prove the case against the accused, and until and unless the allegation against the
accused is proved beyond reasonable doubt, the accused is presumed to be innocent.
Under the CrPC, trials have been categorized as:
Session Trial (Chapter XVIII, Section 225 to 237)
Warrant Trial (Chapter XIX, Section 238 to 250)
Summons Trial (Chapter XX, Section 251 to 259)
Summary Trial (Chapter XXI, Section 260 to 265)
Trial of Warrant Case by Magistrates
Chapter XIX from Sections 238 to 250 provides for the trial of warrant case by magistrates. As per
Section 2(x) of the CrPC warrant case relates to offences punishable with death, imprisonment for life
or imprisonment for a term exceeding two years.
Under the Chapter, two procedures are provided for the trial of a warrant case by a magistrate,
namely cases instituted on a police report i.e., from Sections 238 to 243 and cases instituted
otherwise than on police report i.e., from Sections 244 to 250.
In respect of cases instituted on police report, it provides for the magistrate to discharge the accused
upon consideration of the police report and documents sent with it.
In respect of the cases instituted otherwise than on police report, the magistrate hears the prosecution
and takes the evidence. If there seems to be no prima facie case, the accused is discharged.
The warrant Case instituted on Police Report involves following steps:
Cases Instituted on a Police Report
According to Section 238 of CrPC when a case is instituted on police report the magistrate shall
comply with Section 207 of the Code.
Discharge: After considering the police report and the documents attached with it under Section 173 of
CrPC and giving prosecution and the accused the opportunity of hearing, if the magistrate is of the
opinion that the charge against the accused is groundless. The accused shall be discharged under
Section 239.
Framing of Charge: Upon examination, if the magistrate is of the opinion that there are grounds for
presuming that the accused has committed the offence, magistrate shall frame the charge under Section
240 and such charge shall be read out and explained to the accused.
Evidence for Prosecution: As per Section 242(1) of CrPC, if the accused refuses to plead or does not
plead, or claims to be tried, or the Magistrate does not convict him under Section 241 (Conviction on
plea of guilty), the Magistrate shall fix a date for the examination of witnesses.
The proviso to Section 242(1) is added by the Amendment Act of 2009 which says that the Magistrate
shall supply in advance to the accused the statement of witnesses recorded during investigation by the
police.
As per Section 242(2) of the Code, the Magistrate may, on the application of the prosecution,
issue a summons to any of its witnesses directing him to attend or to produce any document or
other thing.
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As per Section 242(3) of the Code, on the day fixed for the examination of witnesses, the
Magistrate shall proceed to take all such evidence as may be produced in support of the
prosecution. The Magistrate may permit the cross examination of any witness to be deferred
until any other witness has been examined or recall any witness for further cross-examination.
Evidence for Defence: As per Section 243(1) of the Code, after the completion of the prosecution
evidence, the submission of the prosecution arguments, and the examination of the accused person
under Section 313(1)(b), the accused shall then be called upon to enter his defence and produce his
evidence.
As per Section 243(2) of the Code, if the accused applies to the Magistrate to issue process for
calling any witness for examining or cross-examination or to produce a document/thing, the
Magistrate shall issue process unless:
He considers that such application is made for vexatious purpose or for defeating the ends
of justice, or
The accused had, prior to entering upon his defense, either cross-examined or had the
opportunity of cross-examining any witness.
In the former case, the Magistrate is required to record his reasons in writing for refusal to issue process, and,
in the latter, he may, if satisfied that it is necessary for the ends of justice to compel such attendance, issue
process.
Cases Instituted otherwise than on a Police Report
Evidence for Prosecution: As per Section 244 of the Code, when the accused is brought before a
Magistrate, he should proceed to hear the prosecution and take all such evidence as may be produced.
The Magistrate may also summon such people to whom the prosecution wishes to give evidence in
support of its case.
The accused can be discharged under Section 245 and under Section 246 charge shall be framed
against the accused if the accused is not discharged there after the accused must be asked whether he
wants to plead guilty or not.
Evidence for defence is taken under Section 247.
Conclusion of Trial
Section 248 of CrPC mentions the acquittal or conviction.
If the accused is not found guilty by the magistrate, an order of acquittal shall be recorded.
Where a magistrate finds the accused guilty but does not proceed in accordance with Section 325 or
Section 360 of CrPC, a sentence may be passed against the accused.
Trial of Summon Cases by Magistrates
Section 2(w) of the CrPC states "summons-cases" means a case relating to an offence, and not being a
warrant-case.
The trial procedure prescribed for summons cases is contained in Chapter XX from Sections 251 to
259 of the Code.
Procedure in a Summons-Case
Substance of accusation to be stated - As per Section 251 of the Code 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.
The Section only dispenses with a formal charge in a summons case, but it does not dispense with the
statement of the particulars of the offence for which the accused is to be dealt with.
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Conviction on plea of guilty - As per Section 252 of the Code, if the accused pleads guilty, it is imperative
that the Magistrate shall record the plea of guilty as nearly as possible in the words used by the accused.
Conviction on plea of guilty in absence of accused in petty cases - Section 253 of the Code is
meant for the speedy disposal of petty cases. If a summons has been issued under Section 206 (i.e., in
cases of petty offences), and the accused desires to plead guilty without appearing before the
Magistrate, he shall transmit to the Magistrate a letter containing his plea and also the amount of fine
specified in the summons. The Magistrate may then convict the accused in his absence and sentence
him to pay the specified fine.
Hearing of the prosecution or defence cases - As per Section 254(1) of the Code after the personal
examination of the accused, if any, under Section 313(1)(b) the Magistrate shall “hear” the accused and take
all such evidence as he produces in his defence.
When Section 254(1) requires that the Magistrate shall hear the accused, it certainly means that he
should ask the accused what he has to say in his defence against the incriminating evidence which is
brought on record against him, and the accused should be heard on every circumstance appearing in
evidence against him.
As per Section 254(2) the Magistrate may, if he thinks fit, on the application of the accused, issue a
summons to any witness directing him to attend or produce any document or other thing.
However, if the prosecution has made an application for the issue of summons to its witnesses, it
is the duty of the Court to issue summons and to secure the witness by exercising all the powers
given to it under the Code.
As per Section 254(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.
Acquittal or Conviction - As per Section 255(1) if the Magistrate, after taking the entire evidence adduced
in the case finds the accused not guilty, he shall record an order of acquittal.
As per Section 255(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.
Section 255(3) gives the Magistrate discretion to proceed in those cases where the evidence for the
prosecution establishes an offence other than that referred to in the complaint or summons.
However, the offence of which the accused may be convicted must appear to have been
committed from the facts admitted by the accused or proved against him. Further, it should be
seen that the accused is not prejudiced by the consideration of some charge of which he knew
nothing.
Summary Trial
A ‘summary trial’ implies speedy disposal of a suit. It is a type of trial in which matters are resolved
quickly, the procedure is shortened, and the proceedings are recorded in a speedy manner.
In a summary trial, all the cases should be tried by the summons procedure.
The object of summary trial is to have a record which is sufficient for the purpose of justice, and yet,
not so long as to impede speedy disposal of the case.
It is provided under Chapter XXI of CrPC and is provided under Section 260 to 265.
Power to Try Summarily
According to Section 260(1) notwithstanding anything contained in the Code:
Any Chief judicial Magistrate
Any Metropolitan Magistrate
Any Magistrate of the First Class specially empowered in this behalf by the High Court, may, if
he thinks fit, try in a summary way all or any of the offences:
Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding
two years;
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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;
Receiving or retaining stolen property, under Section 411 of the Indian Penal Code where the
value of the property does not exceed two thousand rupees;
Assisting in the concealment or disposal of stolen property, under Section 414 of the Indian
Penal Code where the value of such property does not exceed two thousand rupees;
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 to two years, or with fine, or with
both, under Section 506 of 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.
Section 261 empowers the Magistrate of the Second class who has been invested with the powers by
the High Court 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.
Procedure/Record in Summary Trial
In summary trials, the procedure specified for the trial of summons-case is to be followed Section 262(1),
subject to the following three qualifications:
As per Section 262(2) no sentence of imprisonment for more than 3 months can be passed in any
conviction under Chapter XXI.
As per Section 264 of the Code in every case 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.
As per Section 265 of the Code every such record and judgment shall be written in the language of the
court and signed by the Magistrate.
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