This article has been written by Ms. Nehal Sharma, a student studying BBA LLB (Hons.) from MIT WPU Pune. The author is a 2nd year law student.
Introduction: Section 262 of the Code of Criminal Procedure (CrPC) is a crucial provision that outlines the process for the trial of a summons case in India. Summon cases, as opposed to warrant cases, are those in which the accused can be summoned by the court to appear before it, rather than being arrested and brought before the court through a warrant. The purpose of summon cases is to expedite the legal process and provide a more efficient and less intrusive method of resolving criminal cases. This section also includes the manner of filing a summon, the rights and obligations of both the accused and the prosecution, and the role of the court in adjudicating the case. It also provides guidelines on issues such as evidence, burden of proof, and the consequences of a guilty verdict.
Understanding Section 262 of the CrPC is essential for anyone involved in the criminal justice system in India, including lawyers, judges, and law enforcement officials. It is also important for the general public, as it lays out the rules and procedures that govern the legal process in summon cases. This provision plays a critical role in ensuring that justice is delivered in a timely and efficient manner, while also upholding the rights of both the accused and the prosecution.
In this article, we will take a closer look at Section 262 of the CrPC and explore its various aspects, including the definition of summon cases, the process of filing a summon, the rights and obligations of both the accused and the prosecution, and the role of the court in adjudicating the case. We will also discuss some practical issues that can arise during the trial of a summon case, such as the admissibility of evidence, the burden of proof, and the consequences of a guilty verdict. By the end of this article, readers will have a better understanding of the workings of the Indian criminal justice system and the key provisions that govern the trial of summon cases.
As per the Section 262 of Code of Criminal Procedure, 1973,
“Section 262. Procedure for summary trials.
(1) In trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.”
Section 262 of the Criminal Procedure Code, 1973 outlines the procedure for conducting a Summary Trial. As per Clause (1) of this section, a Summary Trial must adhere to the procedure specified for a summons case, unless stated otherwise.
The procedure for trials of summon cases can vary depending on the jurisdiction and court system, but the general outline is:
- Filing the Summon: The plaintiff files a summon with the court, which notifies the defendant of the legal action against them. The summon includes details such as the plaintiff’s claim, the court’s jurisdiction, and the deadline for responding.
- Service of Summon: The defendant is then served the summons, usually through a process server or certified mail, to notify them of the lawsuit and the deadline to respond.
- Defendant’s Response: The defendant must respond to the summon within the given time frame, usually by filing an answer or a motion to dismiss. If the defendant fails to respond, the plaintiff may be awarded a default judgment.
- Discovery: Both parties engage in the discovery process, which involves gathering evidence and information from each other and third parties to build their case. This can include depositions, interrogatories, and document requests.
- Pre-trial Motions: Either party may file pre-trial motions to resolve issues before the trial, such as a motion for summary judgment, which asks the court to rule in favor of the party without a trial.
- Trial: If the case goes to trial, both parties present their case to a judge or jury. The plaintiff presents evidence and testimony to support their claim, and the defendant presents evidence and testimony to refute the claim.
- Verdict: After hearing both sides, the judge or jury will reach a verdict and issue a judgment. The judgment can include an award of damages or other relief, such as an injunction.
- Appeals: Either party may appeal the judgment to a higher court if they believe the trial was conducted improperly or the judgment was incorrect.
It’s important to note that the specifics of the process may vary depending on the court and jurisdiction, and it’s always advisable to consult with a lawyer who can guide you through the process.
In Summary Trials, the process starts with lodging an FIR at a Police Station. Once relevant evidence is collected, a police report or charge-sheet is made, and the accused is summoned to the court where the particulars of the charges are orally conveyed. If the accused pleads guilty, their statement is recorded, and the Magistrate can proceed with conviction. However, if the accused doesn’t plead guilty, the trial proceedings continue, and both sides get an opportunity to plead their case before the court. In Summary Trials, witnesses are called from both sides, and their statements are briefly recorded. The evidence doesn’t need to be recorded entirely, and a brief outline is enough. After the examination of the evidence, the Magistrate orders either for conviction or acquittal, and the punishment must not exceed 3 months of imprisonment as per Section 262.
It is important to note that the specific procedure may vary depending on the court and jurisdiction. However, the overall process for the trial of a summons case remains largely the same.
In the case of Nanalal Harishanker vs State Of Gujarat, the City Magistrate had passed a sentence of rigorous imprisonment for four months. On appeal to the High Court it was held that the sentence exceeding imprisonment of three months shall be held illegal.
Going back to the case of Empress Of India vs Asghar Ali And Ors., the limit of three months applies to substantive sentences and not to the alternative sentence in default of payment of fine i.e., a sentence of imprisonment in default of the payment of fine in addition to the maximum sentence of three months imprisonment may be imposed. There is no limit on fines which may be imposed in summary trials. The Magistrate has the discretion to impose another term of imprisonment in addition to the earlier sentence of 3 months.
Also in the case of Emperor vs Dina Nath And Anr., it was once again held that there is no limit as to the amount of fine which may be imposed in a summary trial.
In conclusion, Section 262 of the Code of Criminal Procedure plays a vital role in the trial of summon cases in India. It outlines the procedure for conducting a summary trial, which is a more efficient and less intrusive method of resolving criminal cases. The process for the trial of a summon case includes filing the summon, serving the summon to the defendant, the defendant’s response, discovery, pre-trial motions, trial, verdict, and appeals. It is essential to note that the specifics of the process may vary depending on the court and jurisdiction, and it is always advisable to consult with a lawyer who can guide you through the process. As per Section 262, the punishment must not exceed three months of imprisonment for any conviction under this chapter. However, there is no limit on the fines that may be imposed in summary trials. The court has the discretion to impose another term of imprisonment in addition to the earlier sentence of three months.
Case Laws and References
Nanalal Harishanker vs State Of Gujarat on 3 August, 1967
Empress Of India vs Asghar Ali And Ors. on 10 April, 1879
Emperor vs Dina Nath And Anr. on 31 January, 1913
https://lawcorner.in/what-is-summary-trials-under-crpc-explain-the-procedure-of-it/#_ftn11
https://www.indiacode.nic.in/handle/123456789/16225?sam_handle=123456789/1362
https://www.youtube.com/watch?v=2H18VjGsJZQ&t=12s
Code of Criminal Procedure, 1973 Bare Act