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: The Criminal Procedure Code, also known as CrPC, is the primary law that outlines the procedures for the administration of criminal law in India. It was established in 1973 and became effective on April 1, 1974. The CrPC outlines the processes for investigating crimes, apprehending suspects, gathering evidence, determining guilt or innocence, and determining punishments for those found guilty. It also covers topics such as preventing offenses and maintaining the welfare of family members. The law currently contains 565 sections, 46 chapters, 5 schedules, and 56 forms.

This article focuses on Summon cases and the related trial procedure before the Magistrate. A “summon” is a legal document that orders the person it is served to appear in court and respond to the accusations made against them. It is issued by the Magistrate to the accused under Section 204(1)(a) of the Criminal Procedure Code (CrPC) of 1973. A “summon case” refers to a legal case relating to an offense that is not categorized as a “warrant case.” Summon cases are distinguished from warrant cases, which are offenses that carry a punishment of death, life imprisonment, or imprisonment for more than two years. Therefore, summon cases are those in which the maximum punishment that can be imposed is imprisonment for up to two years.

The procedure for the trial of Summon cases is specified under Chapter XX, Sections 251 to 259 of the Cr.P.C, 1973. 

Explanation of the particulars of the offence

According to Section 251 of Cr.P.C, 1973,

“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.” 

Section 251 of the Criminal Procedure Code (CrPC) states that it is not necessary for the court to formally frame charges against the accused, but it does require the court to explain the specific details of the offence to the accused when they appear in court. This is important to ensure that the accused understands the allegations made against them. If, for some reason, the court is unable to properly explain the particulars of the offence to the accused, this will not invalidate the trial, nor will it prejudice the accused. Any such irregularity can be corrected under Section 465 of the CrPC.

In the case of Gopal Krishna VS Radha Devi 2006, it was held that it is not required to frame the charge but only the substance of accusation has to be stated to the accused.

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.

According to Section 252 of Cr.P.C, 1973,

“If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.”

According to Section 253 of Cr.P.C, 1973,

“(1) Where a summons has been issued under section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons.

(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.”

If an accused person pleads guilty to the charges against them, the court will record the plea in the exact words spoken by the accused. Based on the plea, the court has the discretion to convict the accused or not. However, if the charges against the accused do not constitute an offense, their plea alone will not lead to their conviction. If the plea is accepted and the accused is convicted, the magistrate will proceed with Section 360. If the plea is not accepted, the magistrate will proceed with Section 254. In the case where the plea is not accepted, the court must follow the legal process to determine the guilt or innocence of the accused person.

Procedure if the accused not convicted on plea

According to Section 254 of Cr.P.C, 1973,

“(1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on such an application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.”

Section 254 provides about both prosecution and defence cases if the accused is not convicted on plea under section 252 and 253.

In a prosecution case, the magistrate will conduct a hearing where the accused will have the opportunity to present their defense and provide evidence. During the hearing, the prosecution will present their case by explaining the facts and circumstances of the case and presenting the evidence they have to support their argument. The magistrate can also issue summons to any witnesses to attend the hearing and produce any documents or other evidence that might be relevant to the case. The magistrate will prepare a memorandum of the evidence presented during the hearing, in accordance with Section 274 of the CrPC. Similar to other criminal trials, the magistrate in a summon case will follow the provisions of Section 279, which requires the interpretation of evidence for the accused, and Section 280, which mandates the recording of the demeanor of witnesses.

In a defence case, the accused will be given the opportunity to respond to the prosecution’s evidence and provide their own defense. It is essential that the accused’s hearing is conducted, as failure to do so would be a fundamental error in the criminal trial and cannot be remedied under Section 465 of the CrPC. Any evidence produced by the accused during this hearing will be recorded in the same manner as evidence presented by the prosecution, in accordance with Sections 274, 279, and 280 of the CrPC. After the defense has presented its evidence, they will be given the opportunity to submit their arguments under Section 314.

Acquittal or conviction

According to Section 255 of Cr.P.C, 1973,

“(1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal.

(2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law.

(3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.”

After the evidence has been recorded under Section 254, if the magistrate finds the accused not guilty, then the accused will be acquitted. If the accused is found guilty, then the magistrate will proceed in accordance with either Section 360 or Section 325, and sentence the accused according to the law.

Non-appearance or the death of the complainant

According to Section 256 of Cr.P.C, 1973,

“(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may, dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.”

As per Section 256 of the Criminal Procedure Code, if the complainant is absent on the day of the accused’s appearance in court, the court may acquit the accused, unless the court has a valid reason to adjourn the case to another day. This section also applies in case the complainant is deceased. If the representative of the deceased complainant does not appear within 15 days of the accused’s appearance in court, the defendant can be acquitted, as held by the Supreme Court in the case of  S. Rama Krishna vs S. Rami Reddy 2008.

Withdrawal of complaint.

According to Section 257 of Cr.P.C, 1973,

“If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.”

The complainant has the right to withdraw the complaint before the final order is passed and must satisfy the Magistrate that there are valid reasons for the withdrawal. If the Magistrate is satisfied with the reasons, he may allow the complainant to withdraw the complaint and subsequently acquit the accused against whom the complaint was filed.

Discharge in case of Summon cases

According to Section 258 of Cr.P.C, 1973,

“In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.”

Section 258 empowers a first-class Magistrate to stop the proceedings at any stage in summon cases initiated other than by a complaint, with the prior sanction of the Chief Judicial Magistrate. If the proceeding is stopped after the recording of evidence, it will result in the pronouncement of a judgment of acquittal. On the other hand, if the proceeding is stopped before the recording of evidence, it will have the effect of discharge. It is controversial that in summon cases instituted on complaint, the Magistrate does not have any power of dropping 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. The Supreme Court said that the issue of process is the 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 as held in  K. M. Matthew v. State of Kerala (1992) . In summon cases on complaint, the 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 as held in Subramanium Sethuraman v. State of Maharashtra & Anr, (2004). 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 as seen in  Arvind Kejriwal and others v. Amit Sibal & Anr (2014). As per the case of R.K. Aggarwal v. Brig Madan Lal Nassa & Anr 2016 there is no provision of discharge in summon cases instituted on complaint accused will be either convicted or acquitted.

Power of Court to convert summons-cases into warrant-cases.

According to Section 259 of Cr.P.C, 1973,

“When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may re-call any witness who may have been examined.”

CONCLUSION 

Summon cases are those in which punishment will not exceed imprisonment for two years. It can be said that summon cases are not of serious nature if compared to other trials (session trial, warrant case instituted on the police report and warrant cases instituted otherwise than on police report), so it needs to be decided speedily, without dispensing the requisites of the fair trial. The procedure to deal with summon cases and the related trial procedure before the Magistrate is provided under section 251 to 259 of Cr.P.C, 1973. 

CASE LAWS AND REFERENCES

• Gopal Krishna vs Radha Devi (2006)
• S. Rama Krishna vs S. Rami Reddy (2008)
• K. M. Matthew v. State of Kerala (1992) 
• Subramanium Sethuraman v. State of Maharashtra & Anr, (2004) 
• Arvind Kejriwal and others v. Amit Sibal & Anr (2014)
• R.K. Aggarwal v. Brig Madan Lal Nassa & Anr 2016 
• https://www.indiacode.nic.in/handle/123456789/16225?sam_handle=123456789/1362
• https://blog.ipleaders.in/summon-case-crpc/#_ftn7
• https://www.casemine.com/search/in/251%2Bcrpc
• Code of Criminal Procedure, 1973 bare act