This article has been written by- Mr. Loknath Saha, a 1st year LL. B student from Lloyd Law College.

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INTRODUCTION

Section 2(w) of the Code of Criminal Procedure (CrPC) in India, summons cases are those cases that are not warrant cases. Summon cases typically involve offenses that are less serious and are punishable with a fine or imprisonment for a period of less than two years. These cases can only be heard and decided by a Magistrate, who is a judicial officer responsible for handling criminal matters. The role of the Magistrate is to ensure a fair trial and make a judgment based on the evidence presented in the case. Unlike warrant cases, which involve more serious offenses and may result in longer prison terms, summons cases usually deal with less severe crimes. They are often related to minor offenses such as traffic violations, petty theft, or simple assault.

THE PROCEDURE OF TRIAL SUMMONS CASES

• In the special case of Nayan Ram Das and Another vs. Prasanna Kumar Das (AIR 1953 Gauhati 161), the court emphasized the importance of clearly explaining the charge to the accused. The court held that the accused must be made aware of the exact nature and particulars of the offense they are being charged with. This ensures that the accused has a fair opportunity to defend themselves and understand the allegations against them. Under the provisions of the CrPC, specifically Section 251, the charge in a summons trial must be explained to the accused in simple and understandable language. The charge should specify the offense, mention the relevant sections of the law under which the accused is being charged, and provide the necessary details and particulars of the alleged offense.

• Section 252 of the CrPC deals with the conviction of an accused person when they plead guilty to the offense charged against them. When a person admits their guilt and pleads guilty, this section allows the court to proceed with the conviction based on their plea. When an accused person pleads guilty: If the person who is accused of a crime admits their guilt and accepts that they have committed the offense they are being charged with, they can plead guilty. This means they are accepting responsibility for their actions. Conviction based on the plea: Once the accused person pleads guilty, the court can proceed with the conviction. This means that the court can officially declare the accused person as guilty of the offense. Voluntary plea: It is important to note that the plea of guilty must be voluntary. The court will make sure that the accused person is not forced or influenced to plead guilty against their will. The accused person must understand the consequences of their plea and willingly accept their guilt.

• Absence of the accused: Section 253 comes into play when the accused person is not present in court during a summons case. They may be absent due to various reasons such as illness, unavoidable circumstances, or being located at a distance from the court. Plea of guilty through written communication: In such cases, the accused person has the option to plead guilty by submitting a written communication to the court. This written communication acts as their plea. Application to petty offenses: Section 253 specifically applies to petty offenses. Petty offenses typically refer to minor violations or less serious crimes that are punishable with a relatively low penalty or short imprisonment term. Satisfying authenticity of the communication: The court must be satisfied about the authenticity of the written communication and ensure that it genuinely represents the plea of guilt from the absent accused. This is important to prevent any possibility of fraud or misuse of the provision. Voluntary and informed plea: It is crucial to ascertain that the accused person’s plea of guilt was made voluntarily and with a proper understanding of the consequences. The court should ensure that the accused was aware of the charges against them and the implications of pleading guilty.

• Section 254 of the CrPC deals with the procedure to be followed when the court does not convict the accused person after a trial. It outlines the steps to be taken by the court in such situations. evidence: If the accused person does not plead guilty or is not convicted, the court shall ask them if they have any defence evidence to produce. This provides an opportunity for the accused to present evidence in their favour and support their innocence. Recording of defence evidence: If the accused decides to produce defence evidence, the court will proceed to record it. This includes recording statements of witnesses, examining documents, or any other relevant evidence presented by the accused. Consideration of defence evidence: Once the defence evidence is recorded, the court will consider it along with the prosecution’s evidence presented during the trial. The court will examine the credibility, relevance, and weight of the evidence to arrive at a fair judgment.

• Section 255 of the CrPC pertains to the final judgment that the court pronounces after the trial concludes. It determines whether the accused person is acquitted or convicted based on the evidence and arguments presented during the trial. Acquittal: If, after the trial, the court is satisfied that the accused person is not guilty of the offense charged, it shall acquit them. Acquittal means that the accused is cleared of all charges and will not face any punishment. Conviction: If the court finds the accused person guilty beyond a reasonable doubt, it shall proceed to convict them. Conviction means that the accused person is held legally responsible for the offense and will face the appropriate punishment as per the law.

• Section 256: Non-appearance or death of complainant: This section addresses situations where the complainant does not appear in court or passes away during the trial. It lays down the procedures and consequences in such circumstances.

• Section 257: Withdrawal of complaint: This section allows the complainant to withdraw their complaint before the judgment is pronounced, subject to certain conditions and considerations.

• Section 258: Power to stop proceedings in certain cases: This section empowers the court to stop criminal proceedings in cases where further action is unnecessary or undesirable, such as cases that are frivolous, vexatious, or an abuse of the legal process.

IMPORTANCE OF SECTION 259 

• Conversion of summons case into warrant case: Section 259 grants the court the authority to convert a case that was initially classified as a summons case into a warrant case. In a summons case, the accused is served a summons to appear before the court, whereas in a warrant case, an arrest warrant is issued for the accused.

• Grounds for conversion: The court can exercise this power if it finds sufficient grounds to do so. The grounds may include situations where it appears necessary for a proper investigation or trial, or where it becomes evident that the gravity of the offense requires a more stringent process, such as issuing a warrant for the arrest of the accused.

• Ensuring fairness and effectiveness: Section 259 is crucial in ensuring fairness and effectiveness in the criminal justice system. It allows the court to adapt the procedure based on the circumstances of the case. If the court finds that the initial classification of the case as a summons case is inadequate to address the seriousness of the offense or the requirements of justice, it can convert it into a warrant case.

• Supporting thorough investigation and trial: Conversion to a warrant case enables the court to have enhanced control over the proceedings, allowing for a more comprehensive investigation and trial. It may facilitate the collection of evidence, examination of witnesses, and other necessary steps that require the presence of the accused in custody.

CONCLUSION

A summons trial under the Code of Criminal Procedure (CrPC) provides a simplified procedure for cases where the accused is summoned by the court to answer the charges against them. The conclusion of a summons trial may vary depending on the specific circumstances and outcome of the case. Throughout the summons trial, it is important for the court to ensure a fair and impartial process, protecting the rights of both the accused and the complainant. The court should carefully consider the evidence presented, adhere to the principles of natural justice, and provide reasoned judgments that reflect the true merits of the case.

REFERENCES

1. Nayan Ram Das and Another vs. Prasanna Kumar Das (AIR 1953 Gauhati 161)
2. John Thomas vs. Dr. 
3. State of Tamil Nadu vs. Veerappan and anr.