Subject: Code of Criminal Procedur-I

B.A.LL.B-VIIIth Sem
Subject Teacher: Dr. Md. Junaid
Teaching Material of Unit-V-(B)(a)
Topic: Summon Trial (Sections 251-259)

Summon Trial (Sections 251-259)

“Summon” is a document that commands a person to whom it is served to appear before the
court and to answer the complaint made against him. Summon is issued by the Magistrate to the
accused under section 204(1) (a) of Cr.P.C, 1973. Section 2(w) CRPC defines “Summon case”
means a case relating to an offence, not being a warrant case. Summon cases can be referred
from the definition of the warrant case i.e., offences punishable with death, imprisonment for life
and imprisonment for the terms exceeding two years called as warrant cases. So summon cases
are those in which punishment will not exceed imprisonment for two years. It can be said that
summon cases are not of serious nature, so it needs to be decided speedily, without dispensing
the requisites of the fair trial. The procedure to deal with such matter provided in section 251 to
259 of Cr.P.C, 1973 which is not as serious/formal as other trials (Session trial, warrant case
instituted on the police report and warrant cases instituted otherwise than on police report).

Procedure of trial in summon-cases

Explanation of the particulars of the offence

Section 251 provides that it is not mandatory to frame charges but the section does not dispense
with the explanation of the particulars of the offence when accused is brought or appear before
the Court. This is done to make the accused cognizant for the allegations made against him. If in
case unable to convey the particulars than this will not vitiate the trial and it will not lead to the
prejudice with the accused as this irregularity is remediable under section 465 of the code. Under
section 251 courts shall ask the accused whether the accused pleads guilty, and section 252 and
253 needs to comply for conviction on such plea of guilty.
Conviction on plea of guilty

Section 252 and 253 provides conviction on the plea of guilty. Section 252 provides plea of
guilty in general and section 253 provides plea of guilty in case of the petty cases. In case
accused plead guilty, the answer is affirmative than in accordance with law court will record the
plea in the exact words of the accused on the basis of which accused can be convicted on the
Court’s discretion. If not affirmative than the court needs to proceed further with Section 254. If
the accused plead guilty, and the charges against him do not constitute any offence than mere
plea will not amount to the conviction of the accused. As the magistrate has the discretion to
convict on the plea or not, if on plea the accused is convicted than the magistrate shall proceed
according to section 360 otherwise hear the accused on the question of sentence and sentence
him according to law. If the plea of guilty is not accepted than magistrate shall proceed
according to section 254.

Procedure if the accused not convicted on plea

Section 254 provides about both prosecution and defence case if the accused not convicted on
plea under section 252 and 253.

Prosecution case

The magistrate will hear the accused and take all the evidence. In the hearing, the prosecution
will be given chance to open its case by putting facts and circumstances which constitute the case
and by revealing the evidence which he relied upon to prove the case. The magistrate on the
application of the prosecution, serve summon to any witness to attend and to produce any
document or thing. The magistrate will prepare the memorandum of the evidence according to
section 274. Same as other trials in summon cases also the magistrate will comply with section
279 i.e., interpretation of evidence to the accused and 280 i.e., recording of the demeanor of the
witnesses.

Hearing of the defence: – (Defence Case)

After the prosecution evidence under 254 and examination of defence under section 313, in the
continuance of this, the court will proceed with the defence hearing under section 254(1). In the
hearing of the defence means accused will be asked for accused say against the prosecution
evidence. Failure of hearing of the accused in any case will amount to the fundamental error in
the criminal trial and it can not be cured under section 465. Evidence produced by the accused
will be recorded in the same manner as in case of prosecution under section 274, 279, 280. After
the submission of the evidence of the defence, he will be allowed to submit his arguments under
section 314.

Acquittal or conviction

After recording the evidence under 254 the magistrate will acquit the accused if he finds the
accused not guilty. If the accused is guilty than Magistrate shall proceed according to Section
360 or 325 otherwise, sentence him according to the law.

Non-appearance or the death of the complainant

According to section 256 on the date fixed for the appearance of the accused nonexistence of the
complainant will empower the court to acquit the accused unless the court has the reason to
adjourn the case to some other day. Section 256(1) is also applicable in case of the death of the
complainant↓. In case the representative of the dead complainant does not appear for 15 days
where the defendant appeared, the defendant can be acquitted held by the Supreme Court.

Discharge in case of Summon cases

summon cases instituted otherwise than the complaint Section 258 authorize the first class
Magistrate, with the prior sanction of the Chief Judicial Magistrate, to stop the proceeding at any
stage. Therefore if he stops the proceeding ‘after record of the evidence’ than it is the
pronouncement of a judgment of acquittal, and in case stops ‘before the record of the evidence’ it
is released which has the effect of discharge.

It is controversial that in summon case instituted on complaint Magistrate do not have any power
of dropping of the case even if he has no sufficient ground to proceed against the accused. This is
because if the Magistrate does so then he will recall his own order. Supreme Court said that the
issue of process is interim order of the Magistrate, not the judgment so it can be recalled. No
provision is required to empower the magistrate to drop the case in such circumstances. In
summon cases on complaint Magistrate cannot discharge, review and recall the order of the issue
of the process. There is no dropping of the case, the trial court has to conclude the trial. In
summon cases the Magistrate of the trial court has no power to drop the proceeding in the
absence of such provision in the law. A person can approach the High Court under section 482 of
Cr.P.C in such circumstances. There is no provision of discharge in summon cases instituted on
complaint accused will be either convicted or acquitted.

The trial of the summon cases is less formal than other trial procedure just for the speedy
remedy. Therefore the Section 258 which does not empower the Magistrate to drop the case,
even in the absence of sufficient ground is somehow prejudice to the accused. Court’s opinion in
the K. M. Matthew v. State of Kerala (1992) was that the Magistrate has the implied power to
drop the case if the allegation against accused does not prove the commission of any crime. In
various judicial pronouncements, it has dissented. In Arvind Kejriwal and others v. Amit Sibal &
Anr (2014) Supreme Court held law does not specifically empower Magistrate in regard to
dropping of the case under 258 and passed the case to the high court to deal with it under section
482. But the point needs to be considered that the High court also again need to look into the
case to find out whether there is any sufficient ground to proceed against the accused, all this will
impede the main objective of the summon case i.e. speedy trial. Though this matter was
addressed before the apex court in various cases, it must be scrutinized again to keep the fair trial
and the right of the accused out of jeopardy in such circumstances.

Conclusively Stages of Criminal Trial in a Summons Case can be summed up as:

 Pre-trial: In the pre-trial stage, the process such as filing of FIR and investigation is
conducted.

 Charges: In summons trials, charges are not framed in writing. The accused appears
before the court or is brought before the court then the Magistrate would orally state the
facts of the offense he is answerable.

 Plea of guilty: The Magistrate after stating the facts of the offense will ask the accused if
he pleads guilty or has any defense to support his case. If the accused pleads guilty, the
Magistrate records the statement in the words of the accused as far as possible and may
convict him on his discretion.
 Plea of guilty and absence of the accused: In cases, where the accused wants to plead
guilty without appearing in the court, the accused is supposed to send Rs.1000/- by post
or through a messenger (lawyer) to the Magistrate. The absentee should also send a letter
containing an acceptance of guilt and the amount of fine provided in the summons. The
Magistrate can on his discretion convict the accused.

 Prosecution and defense evidence: In summons case, the procedure followed is very
simple and elaborate procedures are eliminated. If the accused does not plead guilty, then
the process of trial starts. The prosecution and the defense are asked to present evidence
in support of their cases. The Magistrate is also empowered to take the statement of the
accused.

 Judgement: When the sentence is pronounced in a summons case, the parties need not
argue on the amount of punishment given. The sentence is the sole discretion of the
judge. If the accused is acquitted, the prosecution has the right to appeal. This right to
appeal is also extended to the accused.