Summary Case
What is a ‘Summary Case’
The term ‘Summary case’ refers to trials, which under the CrPC provide a streamlined and expeditious legal process for quickly disposing of certain types of criminal cases in India. They are typically used for cases involving petty offences, where the maximum punishment is up to two years of imprisonment, or cases deemed to be of a summary nature by law. These summary trials are designed to ensure swift justice by simplifying procedures and reducing timelines, with the aim of delivering timely and efficient resolutions for certain offences and reducing the pendency of cases in the Indian Judicial system.
Legal Provisions Relating to Summary Case
Section 260- Power to try summarily (BNSS Section 283)
Notwithstanding anything contained in this Sanhita— (a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try in a summary way all or any of the following offences:— Theft, receiving or retaining stolen property, assisting in the concealment or disposal of stolen property, offences under section 330 of the Bharatiya Nyaya Sanhita, 2023; insult with intent to provoke a breach of the peace, abetment of any of the foregoing offences; an attempt to commit any of the foregoing offences, when such attempt is an offence; any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.
The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three year.[1] Magistrate can re-call any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita.[2]
Section 261 Summary Trial by a Magistrate of the Second Class (BNSS Section 284)
The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.
Section 262 Procedure for Summary Trial (BNSS Section 285)
In trials under this Chapter, the procedure specified in this Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned.[3] No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.[4]
Section 263 Record in Summary Trials (BNSS Section 286)
In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:— the serial number of the case; the date of the commission of the offence; the date of the report or complaint; the name of the complainant (if any); the name, parentage and residence of the accused; the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii) or clause (iv) of sub-section (1) of section 283, the value of the property in respect of which the offence has been committed; the plea of the accused and his examination (if any); the finding; the sentence or other final order; the date on which proceedings terminated.
Section 264 Judgement in cases tries summarily (BNSS Section 287)
In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.
Section 265. Language of record and judgement (BNSS Section 288)
(1) Every such record and judgment shall be written in the language of the Court.
(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.
Official Database
On official Databases such as the district e-court gov. database, summary trials come under the general heading of ‘Warrant or Summons Criminal Case’. This makes it difficult to access records and compile information regarding the summary trial section.
The National Judicial Data Grid (NJDG) uploads statistics relating to summary trials under the broad heading of ‘Warrant and Summons Cases’. This makes it difficult to compile statistics and data about summary trial.
Case Laws
Rajesh Agarwal v. State & Anr
Rajesh Agarwal vs State & Anr 171 (2010) DLT 51, Crl. Misc. No. 1996/2010: The difference between summary trial and summon trial is thus obvious. In summary trial after the accused is summoned, his plea is to be recorded under section 262 (g) of Cr.P.C. and his examination if any can be done by MM and a finding can be given by the court under section 263(h) of his examination. The same procedure is to be followed by the MMs for offence of dishonour of cheque. If proviso a, b & c to Section 138 N.I. Act are shown to have been complied with, technically the commission of offence stands completed. It is for the accused to show that no offence could have been deemed to be committed by him for some specific reasons & defences. He cannot simply say "I am innocent" or "I plead not guilty"/
Nitinbhai Saevantilal Shah and another v. Manubhai Manjibhai Panchal and another
Nitinbhai Saevantilal Shah and another v. Manubhai Manjibhai Panchal and another (2011) 9 SCC 638: Provision for summary trials is made in Chapter XXI of the Code. Section 260 of the Code confers power upon any Chief Judicial Magistrate or any Metropolitan Magistrate or any Magistrate of the First Class specially empowered in this behalf by the High Court to try in a summary way all or any of the offences enumerated therein. Section 262 lays down the procedure for summary trial and sub-section (1) thereof inter alia prescribes that in summary trials the procedure specified in the Code for the trial of summons case shall be followed subject to the condition that no sentence of imprisonment for a term exceeding three months is passed in case of any conviction under the chapter.
Indian Bank Association & Ors v. Union Of India & Anr
Indian Bank Association & Ors vs Union Of India & Anr AIR 2014 SC 2528 : In summary trial, after the accused is summoned, his plea is to be recorded under Section 263(g) Cr.P.C. and his examination, if any, can be done by a Magistrate and a finding can be given by the Court under Section 263(h) Cr.P.C. and the same procedure can be followed by a Magistrate for offence of dishonour of cheque since offence under Section 138 of the Act is a document based offence. We make it clear that if the proviso (a), (b) & (c) to Section 138 of the Act are shown to have been complied with, technically the commission of the offence stands completed and it is for the accused to show that no offence could have been committed by him for specific reasons and defences.
