CHAPTER II

MAGISTERIAL TRIAL FOR SUMMONS CASES

A summons case is considered to be a case where the punishment is not more than two years
period for the convicted offence.

The trial for a summons case is detailed in the sections 251 to 259 of the code of criminal
procedure. Summons cases are usually so much less formal than warrant cases and their trials are
much less elaborate. As stated by the Law commission

“the scheme is simple and the intention clearly is that these not very serious but numerous cases
should be decide quickly. We agree that this is how it should be. All the essentials of a fair trial
are present here, and the nature of these cases is such that a more elaborate method would only
add to the expense and perhaps harassment of the parties without substantially aiding the cause
of justice”1

Explaining the substance of the accusation to the accused

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[3].
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.

1
Law Commission of India, 41st Report on the Code of Criminal Procedure, 1898 (April, 1969).
Conviction on plea of guilty

Section 252 and 253 gives conviction on the plea of guilty. Section 252 gives plea of guilty as a
rule and section 253 gives plea of guilty if there should be an occurrence of the negligible cases.
On the off chance that accused plead guilty, the appropriate response is certifiable than as per
law court will record the plea in the careful expressions of the accused based on which accused
can be indicted on the Court's circumspection. If not confirmed than the court needs to continue
further with Section 254. On the off chance that the accused plead guilty, and the charges against
him don't comprise any offense than insignificant plea won't add up to the conviction of the
accused. As the justice has the attentiveness to convict on the plea or not, if on plea the accused
is indicted than the judge will continue as indicated by section 360 generally hear the accused on
the topic of sentence and sentence him as per law. In the event that the plea of guilty isn't
acknowledged than judge will continue as per section 254.

Procedure when the accused is not convicted on plea

Section 254 of the code provides the course of action that needs to be taken in case the accused
has not been convicted for sections 252 nor 253.

Prosecution case

The judge will hear the accused and take all the evidence. In the conference, the arraignment will
be offered opportunity to open its case by putting realities and conditions which comprise the
case and by uncovering the evidence which he depended upon to demonstrate the case. The
officer on the utilization of the arraignment, serve gather to any observer to visit and to deliver
any archive or thing. The judge will set up the notice of the evidence as per section 274. Same as
different trials in gather cases additionally the officer will consent to section 279 i.e.,
understanding of evidence to the accused and 280 i.e., recording of the aura of the observers.

Defence Hearing

After the arraignment evidence under 254 and examination of safeguard under section 313, in the
duration of this, the court will continue with the resistance hearing under section 254(1). In the
knowing about the barrier implies accused will be requested accused state against the indictment
evidence. Disappointment of becoming aware of the accused regardless will add up to the crucial
blunder in the criminal trial and it can not be restored under section 465. Evidence created by the
accused will be recorded in a similar way as if there should be an occurrence of indictment under
section 274, 279, 280. After the accommodation of the evidence of the guard, he will be
permitted to present his contentions under section 314.

Either acquittal or conviction

In the wake of chronicle the evidence under 254 the officer will absolve the accused on the off
chance that he finds the accused not guilty. On the off chance that the accused is guilty than
Magistrate will continue as indicated by Section 360 or 325 something else, sentence him as
indicated by the law.

In the case of non-appearance of the complainant or his death

As per section 256 on the date fixed for the presence of the accused nonexistence of the
complainant will enable the court to vindicate the accused except if the court has the motivation
to dismiss the case to some other day. Section 256(1) is likewise appropriate if there should be an
occurrence of the passing of the complainant↓. On the off chance that the delegate of the dead
complainant does not show up for 15 days where the litigant showed up, the respondent can be
absolved held by the Supreme Court.