INTERNAL ASSESSMENT

NAME OF THE STUDENT & STUDENT ID :NAYANA P S,

20191BAL0046
COURSE : CODE OF CRIMINAL
PROCEDURE

COURSE INSTRUCTOR : PROF. NEHA SINHA

ASSIGNMENT NO :2
TITLE : SUMMONS TRIAL

DAY AND TIME : JUNE 17TH

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 PRESIDENCY UNIVERSITY, BANGALORE

SCHOOL OF LAW

TOPIC: SUMMONS TRIAL

SUBMISSION DATE: JUNE 17TH

SUBMITTED BY:

NAYANA P S

20191BAL0046

3rd Year BA, LL.B. (Hons.) Student,

Presidency University, Bangalore

SUBMITTED TO:

Professor NEHA SINHA

School of Law
Presidency University, Bangalore

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ACKNOWLEDGEMENT

I would like to express sincere gratitude to my mentor Prof. NEHA SINHA for guiding me in
making this research paper on the Topic: SUMMONS TRIAL and providing me the
knowledge during my research. It has been a privilege to be her student and this project would
not have been practically possible without her indispensable support. We cherish the
motivation that she has brought in me to work harder and think more vividly. Special mention
of her patience with which she gave enough time to me every time I approached her for
guidance. It has been an enlightening experience under her guidance and I take immense proud
in being called her student.

NAYANA

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TABLE OF CONTENTS

SI. NO PARTICULARS
PG.NO
ABSTRACT 5
LITRETURE REVIEW 6
RESEARCH OBJECTIVE 6
RESEARCH PROBELUM 6
SCOPE OF STUDY 6
RESEARCH METHODOLOGY 6
INTRODUCTION 7-8
CHAPTERS 9-11
CONCLUSION 12
BIBLIOGRAPHY 13

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ABSTRACT:

This paper discusses concerning the idea of trial on summon cases by the official, that deals
concerning the procedure followed by the judicial official within the trial of summon cases.
there's no distinction within the procedure between path of summons cases instituted on
personal complaints and trial of summons cases instituted on police charge-sheets. Summons-
case suggests that a case about AN offence, and not being a warrant-case. Warrant-case
suggests that a case about AN offence that is punishable with: death, imprisonment for keeps
or imprisonment for a term extraordinary 2 years. In summon case the suspect if taken to the
official he must manufacture all the documents required and he has been asked to simply accept
his plea or to require defense. 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. It is necessary that the accused should have a clear
statement made to him as to the particulars of the offence of which he is charged. An accused
may not be convicted even on his admission of guilt if the prosecution report does not make
out an offence under a statute. This analysis paper deals concerning the procedures followed
by the official in trial on summon case and provisions about the trial on summon case.

Key words: Trial, summons, case, warrant, Arrest, Offence.

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LITRETURE REVIEW

The researcher has referred books, research articles, unpublished thesis and e-sources as a part of
secondary sources for the writing of the project. This research is being conducted doctrinally
using the books and online articles,

1. Criminal procedure code, 1973

2. Indian penal code, 1860
3. Jstor books
4. lawctopus

RESEARCH OBJECTIVE:

The research paper mainly emphasis on the study about the trial on summon case by magistrate and
make a study about the procedures followed by the magistrate in summon case trial.

RESEARCH PROBELUM:
Whether the trial of the summon cases is less formal than other trial procedure.

SCOPE OF THE STUDY:

The main emphasis in the present article is on the procedure of the summon cases. General steps
of a procedure in summon case is same as other trials, but this trial is less formal for the speedy
remedy.

RESEARCH METHODOLOGY
The researcher had followed the method of doctrinal, descriptive and analytical for the entire
research. The research paper is collected from national and international journals, books and
publications from various websites which give importance to the trial on summon cases. The
researcher is unable to trace the primary sources needed to write about the topic as the topic demands
research in the archives which is not available to the research as admission to the government archives
is not allowed.

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INTRODUCTION

The Criminal Procedure Code of 1973 is, as is clearly indicated by its title, a comprehensive
enactment egg laying down the law with reference to criminal procedure. however, it's value
mentioning that the code isn't a pure adjective law of procedure; there square measure some
provisions in it that take the character of substantive law. as an example, chapters VIII, X and
XI that deals with „prevention of offences‟ and chapter IX that deals with „maintenance of
proceedings‟. As per the Code, criminal trials will be divided into 3 classes namely: warrant
cases, summons cases and outline trials. the main target of this text shall be summons cases

The term “summons cases” has been outlined, during a negative sense, below Section 2(w) of
the CrPC as “a case with reference to associate degree offence, not being a warrant case”. On
the opposite hand, a “warrant case” suggests that a case with reference to associate degree
offence punishable with death, imprisonment always or imprisonment for a term prodigious 2
years. The two definitions, thus, result in the conclusion that the premise of classification
between summons case and warrant cases is that the seriousness of the offence. This
classification becomes applicable whereas determinant the sort of trial procedure to be
adopted during a case. The trial procedure provided for summons cases is barren of a lot of
formality and item as in warrant cases since the previous is comparatively less serious in
nature. Chapter XX (Ss. 251-259) of the Criminal Procedure Code delineates the procedure
for trial of summons cases.

The following are the stages to be follow/ed in respect of procedure relating to the trial of
summons case:

1. Substance of accusation to be stated to the accused When in a very summon/ns cases the
defendant seems or is brought be/fore the jurist, the particulars of the offence of that he's
defendant shall be expressed to him, and he shall be asked whether or not he pleads guilty or
has any defence to form, however it shall not be necessary to border a proper charge. it's
necessary that the defendant ought to have a transparent statement created to him on the
particulars of the offence of that he's charged. Associate in Nursing defendant might not be
guilty even on his admission of guilt if the prosecution report doesn't decipher Associate in
Nursing offence below a statute.

2. Conviction on plea of guilty If the defendant pleads guilty, the justice shall record the plea
as nearly as attainable within the words utilized by the defendant and should, in his discretion
convict hi/m on it. If the defendant admits some or all of the fees alleged by the prosecution
however pleads “not guilty”, the court is guaranteed to proceed per law by examining the
witnesses of prosecution and defence.

3. Conviction on plea of guilty in absence of accused in petty cases Section 253 of CrPC
provides a good less complicated procedure for doing away with petty cases while not the
presence of suspect within the court. wherever the suspect needs to plead guilty while not
showing within the court, the suspect is meant to send Rs.1000/- by post or through a
counselor-at-law to the adjudicator. The adjudicator will on his discretion convict the suspect.

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 4. Procedure when not convicted by the Magistrate If the judge doesn't convict the suspect
underneath Section 252 or Section 253, the judge shall proceed to listen to the prosecution
and take all proof as could also be created in supp/ort of the prosecution, and conjointly to
listen to the suspect and take all such proof as he pro/duces in his de/fence. The judge might,
on the applying of the prosecution, issue summon/ns to any witness guiding him to attend or
turn out proof. The judge is certain to examine all the witnesses and he's not authorized to
limit the quantity of witnesses. The judge might, before conjury any witness on such
application, need that the affordable expenses of the witness incurred in attending for the
needs of trial be deposited in court.

5. Acquittal or conviction If the official once considering proof finds the defendant acquitted,
he shall record associate order of final decision. He may additionally conceive to unleash the
bad person once admonition, or on probation of excellent conduct once underneath Section
360, or underneath Probation of bad person Act,1958 once considering the character of
offence, character of bad person and circumstances of the case. A official could convict the
defendant of any offence (amenable to the trial in an exceedingly summons case) that from
the facts admitted or evidenced the defendant seems to own committed. this will solely be
done if the official is happy that it might not prejudice the defendant. If the official, whereas
discharging or acquitting the defendant, thinks that there was no cheap ground for creating
accusation against the defendant person, he could decision upon the person creating such
accusation to point out cause on why he shouldn't pay compensation to the defendant person
once that the official could, for reasons to be

After the P.W.s square measure examined the suspect ought to be questioned usually with
relation to their proof. If the suspect cites any D.W.s or needs to allow proof himself, their
proof ought to even be recorded and arguments ought to be detected. thenceforth a judgment
of conviction or final decision follows. [Section 255].

When a prosecution is instituted for a petty offence which may be disposed of summarily, the
official problems summons to the suspect leading him to look before the Court or to transmit
by post or by a courier to the Court his plea of guilty if he needs to admit the offence. The
summons ought to additionally mention that if the suspect pleads guilty the desired quantity
of fine not prodigious Rs. 100/- may be obligatory. [Section 206]

If the official follows this procedure, he might work the plea of guilty transmitted to the
Court by the suspect even through post and convict and sentence him tho' the suspect isn't in
person gift within the Court. [Section 253] A petty offence is one that is punishable solely
with fine not prodigious Rs. 1,000/- .The procedure beneath Section 206 might also be
followed within the case of offences falling beneath motorized vehicles Act.

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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.

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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.

Accused appear or brought before the court

Explanation of the particulars of the offence

⇓ ⇓

Conviction on the plea of guilty procedure when not convicted on a plea

⇓ ⇓ ⇓

Acquittal Conviction Prosecution hearing and record of evidence

Defence hearing and record of evidence

Submission of argument under section 314

Acquittal/conviction

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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

I 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.

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Conclusion
I conclude by spoken communication that summons-case means that a case regarding Associate in
Nursing offence, and not being a warrant-case. Warrant-case means that a case regarding Associate in
Nursing offence that is punishable with: death, imprisonment for keeps or imprisonment for a term
Olympian 2 years. it's been aforesaid within the provisions that if the suspect has been inactive for his
plea, he has got to settle for his plea or has got to defend him. justice of the primary category has the
ability to transfer summon case into warrant case. If the suspect pleads guilty justice has got to record
the plea within the words of the suspect and on his discretion will convict him for the offence. If the
suspect isn't gift before the justice, if he pleads guilty by the justice then he shall by the post to the
justice, in letter stating his plea and fine fixed by the court for his offence has got to be sent.

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BIBLIOGRAPHY

● https://www.legalbites.in/crpc-notes-trial-in-summons-cases/
●https://www.legalbites.in/law-notes-crpc-difference-between-warrant-case-summon-
case
●http://thepracticeoflawjalan.blogspot.com/2012/04/crpc-trial-before-
magistratescourt.html
● http://devgan.in/criminal_procedure_code/chapter_20.php
● http://www.lawyersclubindia.com/articles/Trial-of-warrant-cases-7919.asp
● https://blog.ipleaders.in/all-about-the-various-stages-of-criminal-trial-in-india/
● http://hanumant.com/CrPC-DifferencesShortNotes.html
● http://mja.gov.in/Site/Upload/GR/%20I%20Summ%20of%20Cri.pdf
● http://dpsalegal.com/summons-case-warrant-case/
● https://indiankanoon.org/search/?formInput=summons%20case

Books.
● Code of Criminal Procedure By Ratanlal and Dhirajlal.
● Code of Criminal Procedure By R.V. Kelkar

Statues
● Criminal Procedure Code 1973
● Constitution of India
● Indian Evidence Act 1872.

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