Code of Criminal
Procedure,1973 Part-IV
Sanjith.s
Assistant Professor
Trial of Summons Case by a
Magistrate(sec.251-259)
Summons Case: means a case relating to an offence,
and not being a warrant case(Sec.2(w)
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 defense to make.
It shall not be necessary to frame a formal charge.
Procedure after framing of Charge
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.(Sec.252)
Plea of guilty in petty cases- Accused can plead guilty
even in his absence in Court through post or
Messenger. Accused plead guilty through a pleader.
Court can sentence for fine.
Procedure when not Convicted(sec.254)
Take Prosecution Evidence
Sec.313 statement
Take evidence of Defense
On the application of Prosecution or accused summon
witnesses
Reasonable Expenses need to be deposited
Acquittal or Conviction(sec.255)
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.
If Accused is found guilty Magistrate can pass sentence
according to law
No Provision for hearing of Sentence
Magistrate can proceed under sections 325 or 360
Magistrate can convict the accused any offence he found have
committed from the facts admitted or proved if Magistrate is
satisfied that accused would not be prejudiced by it. However it
should be a Summons case.
Absence and Death of the
Complainant(sec.256)
If the Complainant is absent on the date appointed for the
appearance of the accused or any subsequent day to which
hearing is adjourned Magistrate may acquit the Accused.
However Magistrate can adjourn the case to another day if
he thinks it proper
If the Complainant is appearing through a Pleader then
Magistrate may dispense with the appearance of the
complainant.
Same provision shall, so far as may be, apply also to cases
where the non- appearance of the complainant is due to his
death.
Other Provisions(sec257-259)
Withdrawal Complaint-Complainant may with the
permission of the Magistrate withdraw the complaint prior
to the final order. Magistrate is to be satisfied that there is
sufficient grounds.
Accused will be acquitted in such a case.
Power to stop the Proceedings-Magistrate for reasons to be
recorded stop the proceedings in a summons trial. If the
evidence of principal witnesses were recorded it has the
effect of Acquittal otherwise it is a discharge.(sec.258)
Continued
Magistrate may Convert a Summons Trial into a
Warrant Trial in the interest of Justice
Offence is punishable imprisonment for a term
exceeding 6 months
Magistrate may rehear the case in the manner of
Warrant case
Recall a witness already examined.
