Table of Contents

Introduction: What is a Summary Trial? 1

Power to Summary Trial 4

Procedure to follow Summary Trial 4

Record in Summary Trial 4

Language of Record and Judgement 4

Judgment in Cases Tried Summarily 4

Similarities between Summary trials and other Trials 4

Differences between Summary Trials and other Trials 4

Conclusion 4
Introduction: What is a Summary Trial?
Summary trials are quickly disposed of and with the basic procedure of recording the trials. A
summary trial is established on the legal maxim ‘justice delayed is justice denied’. It is noted that the
summary is simply in recording the proceedings and not in directing the proceedings. In every case,
proceedings have to be done cautiously and prudently.

A summary trial denotes that the case is tried and disposed at once. Such trial is not available to cases
that are difficult and require a long process of analysis. Access to summary trial even in small cases
prevents a failure of justice which would have otherwise taken some years to complete the
proceedings. Section 260 to 265 of Code of Criminal Procedure, 1973,2 deals with the summary trials.

Here are some key points about summary trials:

Nature of Offences: Summary offences are less serious criminal offences that are considered minor in
nature. They include offences such as minor theft, low-level assaults, certain traffic offences, public
order offences, and minor criminal damage. Summary offences are generally punishable by fines
and/or imprisonment for up to six months.

Jurisdiction: The Magistrates' Court has jurisdiction over summary offences and conducts summary
trials for these offences. The trial is presided over by magistrates, who are either unpaid volunteers or
qualified legal professionals known as district judges.

Trial outcome: If the accused is found guilty in a summary trial, the magistrates impose a penalty
within their sentencing powers. This can include fines, community orders, or short-term custodial
sentences, subject to the limits set for summary offences. If the accused is found not guilty, they are
acquitted, and the case is closed.

While summary offences are generally heard in the Magistrates' Court, some offences may have
a hybrid or either-way nature. This means that they can be tried either summarily in the Magistrates'
Court or on indictment in the Crown Court, depending on factors such as the seriousness of the
offence or the decision of the prosecution.

Power to Summary Trial

The power to try a case summarily is laid down under Section 260 of the Code of Criminal
Procedure, 1973.

S.261 and S.262 contain the types of cases that can be heard by first-class and second-class
magistrates, respectively. In the case of a chief magistrate or metropolitan magistrate or a first-rate
magistrate, the following cases may be heard:

1. Offences which are not punishable with death, imprisonment for life or imprisonment for more
than two years.
 2. The offence of theft under Section 379, 380 or 381 of the Pakistan Penal Code, 1860 if the value
of the stolen property is not more than 2000 rupees.
3. The receipt or retention of stolen goods/property under 200 rupees as set out in Section 411 of
the Pakistan Penal Code.

Procedure to follow Summary Trial

The Code of Criminal Procedure, 1973, Section 262, describes the process for summary trials. The
procedure followed for summon cases has to be followed for summary cases as well. The exception in
summary trials is, that a sentence exceeding the duration of three months cannot be passed in case of
conviction under this Chapter.

The procedure for a summons case can be briefly stated as follows:

Registration of Fir and Investigation:

For a criminal procedure to begin, the first step is to file an FIR or a complaint. This is investigated
upon by the police and evidence is collected. At the end of the investigation, a charge sheet is filed by
the police. This is also called the pre-trial stage.

Before Magistrate: The accused is brought or appears before a Magistrate and the particulars of the
offences must be clearly conveyed to the accused. In case of summary and summons trials, charges
are not framed by writing the charges down.

Plea: The accused may either plea guilty or not guilty.

Conviction in Case of Guilty Plea: The Magistrate records the statement of the accused and the may
be convicted at the discretion of the Magistrate. When the accused does not appear before the
Magistrate to plead guilty, then he is to send 1000 rupees along with a letter containing his guilty plea.

Plea of Not Guilty: In this scenario, the proceedings continue with the trial. The Magistrate hears both
the prosecution and the accused. He also examines all witnesses to the case.

Record In Summary Trial

In each summary, the following details must be recorded in accordance with Section 263 of the CrPC:

In all summary cases, the Magistrate has the duty to enter the following particulars, in the following
format prescribed by the Government:

1. Serial number of the case

 2. The date on which the offense was committed
3. The date when the report or the complaint was filed
4. The name of the complainant, if any
5. The name, residence and parents’ name of the accused person
6. The offence about which the complaint has been made and any proven offence (if it exists)
7. The value of the property regarding which the offence has been committed, if the case comes
under Section 260(1) (ii) or Section 260(1) (iii) or Section 260(1) (iv) of the Code
8. The plea of the accused person and his examination, if any
9. The finding of the Court 10. The sentence or any other final order passed by the Court 11. The
date when the proceedings ended.

Language Of Record and Judgment

The provision governing this heading is under Section 265 of the Code of Criminal Procedure, 1973. All
the records and judgments are to be written in the language of the concerned Court. The High Court
can bestow the power upon any Magistrate who is empowered to try offences summarily, to prepare
the above-mentioned record or judgment or both. This can be done through an officer appointed for
the purpose by the Chief Judicial Magistrate as well. Such record or judgment prepared has to be
signed by the Magistrate.

Judgment In Cases Tried Summarily

Section 264 of the Code of Criminal Procedure, 1973 lays down how a judgment should be in cases
which are tried summarily.

The Magistrate has the duty to record the substance of the evidence along with a judgment containing
a brief statement of the reasons for such finding, in all summarily tried cases where the accused does
not plead guilty.

Under Section 326(3)11 of the Code of Criminal Procedure, 1973 the use of pre-recorded evidence by a
successor judge is barred in the instance when the trial has to be conducted summarily, according to
Section 262 to 265 of the Code.

Similarities between Summary Trial and Other Trials

There are certain similarities in summary trials and regular trials. In all the trials, the evidence is
collected, a record is maintained, charges are read over to the accused, the accused person is
examined, a competent Magistrate conducts the proceedings and finally an order/judgment is
delivered. Another common factor is that ‘illegality’ vitiates the entire trial, but ‘irregularity’ does not.

Differences between Summary Trial and Other Trials

1. Summary trials are less complicated in comparison to warrants and summons trials.
2. The procedure followed in summary cases is shorter and less time consuming than other
trials.
3. Summary trials deal with cases that consist of minor offences of simple nature as opposed to
serious cases which are tried in summons/warrant trials.
4. The statements of witnesses are compiled in a brief and general manner in summary trials.
Focus is placed on recording the substance of their depositions. In other trials, the depositions
of all the witnesses are recorded with minute intricacy.
5. The Magistrate does not have to frame formal charges against the accused person in summary
trials. In other trials, a formal charge has to be written down. 6. In the case of summary trials, it
is not essential to record the evidence in its entirety. A brief outline works. In other trials, it is
crucial that the entire evidence is recorded completely.

Conclusion
In Pakistan, there are two twin-laws which govern the criminal procedure followed in the country. The
substantive law is covered by the Pakistan Penal Code, 1860 along with other criminal acts and the
procedural law is covered by the Code of Criminal Procedure, 1973. The primary aim of any criminal
justice system is to ensure that the citizens have the opportunity for a free and fair trial. It is well
known that the pendency of cases is extremely high in India and the judiciary is overburdened. Trials
take years to complete which is a continuous and tedious process. Therefore, it has been divided into
three categories according to the gravity of the offences. Summary trials offer an opportunity to the
citizens to get justice even for the smallest issues that they face. It maintains a balance by providing
justice and not overburdening the higher court with petty offences.
Bibliography

BOOKS:
 BARE ACT, The Code of Criminal Procedure, 1973

WEBSITES:
 https://www.legalbites.in/

 https://indiankanoon.org

 https://www.ncertbooks.guru/llb-books/

 https://www.scconline.com/

 http://www.legalserviceindia.com/article/

 https://legislative.gov.in/sites/default/files/A1974-02.pdf

 https://www.advocatekhoj.com/library/
 Summary Trials

Assignment by: Ayesha Sadaqat

(5890-FSL/LLB/F19)
Course Instructor: Ma’m Zaitoon

Code of Crminal Pocedure-II

Sec-B

International Islamic University Islamabad