Summary Trials
Chapter Forty-Four
Syllabus topic 2.2, "Trial before various Courts: d. Summary Trial-Section 260 to 265"
Pages 289 to 293 of 699
In one line
A summary trial is a summons trial with the record cut down to a form and the sentence capped at three months, used for the pettiest offences.
In exam wording: section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires a Chief Judicial Magistrate or a Magistrate of the first class to try summarily the offences it lists, and permits him, after hearing the accused and for reasons recorded, to try summarily any offence not punishable with death, imprisonment for life or imprisonment exceeding three years.
Why the law has this at all
Because most criminal cases are small, and a system that gives a two thousand rupee theft the same procedure as a murder will collapse under its own weight.
A summary trial saves almost nothing on fairness and a great deal on paper. The accused is still told the accusation, still pleads, still hears the evidence, still cross-examines. What changes is the record: instead of depositions taken down in full, the Magistrate fills in a form of ten particulars, and where the accused pleads not guilty he records the substance of the evidence and a brief statement of reasons.
The safeguard for that shortened record is the sentence cap: nothing above three months, whatever the offence would otherwise carry.
Some words this chapter uses
Summarily means by the shortened procedure of this Chapter, not without a hearing.
The substance of the evidence is a summary of what each witness said, not a verbatim deposition.
Recall and re-hear is what section 283(3) requires where a summary trial turns out to be inappropriate.
Section 283: who must, and who may, try summarily
Sub-section (1), the compulsory list. Notwithstanding anything in the Sanhita, any Chief Judicial Magistrate and any Magistrate of the first class shall try in a summary way all or any of the following:
(i) theft under section 303(2), 305 or 306 of the Bharatiya Nyaya Sanhita, where the value of the property stolen does not exceed twenty thousand rupees; (ii) receiving or retaining stolen property under section 317(2), where the value does not exceed twenty thousand rupees; (iii) assisting in the concealment or disposal of stolen property under section 317(5), where the value does not exceed twenty thousand rupees; (iv) offences under section 331(2) and (3) of the Bharatiya Nyaya Sanhita, which are house-trespass offences; (v) insult with intent to provoke a breach of the peace under section 352, and criminal intimidation under section 351(2) and (3); (vi) abetment of any of those offences; (vii) an attempt to commit any of them, where the attempt is an offence; (viii) any offence constituted by an act for which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.
Summary Trials
Two changes from the old Code sit in that list. The word is shall, not "may". And the property ceiling is twenty thousand rupees, where the old section 260 said two thousand.
Sub-section (2), the discretionary power. The Magistrate may, after giving the accused a reasonable opportunity of being heard, and for reasons to be recorded in writing, try summarily all or any of the offences not punishable with death, imprisonment for life, or imprisonment for a term exceeding three years.
The proviso: no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section.
So the decision to go summary under sub-section (2) is unappealable, which is why the sub-section requires a hearing and recorded reasons first.
Sub-section (3), the exit. When, in the course of a summary trial, it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, he shall recall any witnesses who may have been examined and proceed to re-hear the case in the ordinary manner.
Note "shall". Once the Magistrate forms that view he has no discretion; the case must be re-heard, and the witnesses already examined must be recalled.
Section 284: second class Magistrates
The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class the power to try summarily any offence 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 such an offence.
Three limits: the power is the High Court's to confer; it goes to a second class Magistrate; and it reaches only offences of fine or up to six months.
Sections 285 to 288: the procedure and the record
Section 285(1). In trials under this Chapter, the procedure specified for the trial of a summons case shall be followed, except as the Chapter otherwise provides.
That single sentence carries a great deal. Everything in [Trial of Summons Cases] applies: the particulars are stated, no formal charge is framed, a groundless accusation leads to release, the plea is recorded in the accused's own words, both sides' evidence is taken, the complainant's absence leads to acquittal.
Section 285(2), the cap. No sentence of imprisonment for a term exceeding three months shall be passed on any conviction under this Chapter.
Section 286, the record. In every case tried summarily the Magistrate enters, in the form the State Government directs, ten particulars:
(a) the serial number of the case; (b) the date of the commission of the offence; (c) the date of the report or complaint; (d) the name of the complainant, if any; (e) the name, parentage and residence of the accused; (f) the offence complained of and the offence, if any, proved, and, in the theft and stolen property cases in clauses (i) to (iii) of section 283(1), the value of the property; (g) the plea of the accused and his examination, if any; (h) the finding; (i) the sentence or other final order; (j) the date on which proceedings terminated.
Summary Trials
Section 287, the judgment. 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.
The condition matters. Where the accused pleads guilty, the form under section 286 is the whole record. Where he does not, the Magistrate must additionally record the substance of the evidence and brief reasons, because otherwise an appellate court would have nothing to review.
Section 288, language. Every such record and judgment shall be written in the language of the Court. The High Court may authorise a Magistrate empowered to try summarily to have the record or judgment prepared by an officer appointed by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by the Magistrate.
A worked example
Deepak is charged before a Judicial Magistrate of the first class at Bhandup with theft of a mobile phone worth fifteen thousand rupees.
Must the case be tried summarily? Yes. It is theft where the value of the property does not exceed twenty thousand rupees, so section 283(1)(i) applies and the Magistrate shall try it summarily.
What procedure is followed? The summons case procedure, section 285(1). The particulars are stated to Deepak, no formal charge is framed, and he is asked to plead.
He pleads guilty. The plea is recorded in his own words, section 275, and the record is the section 286 form, which will include the value of the property because this is a clause (i) case.
He pleads not guilty. The evidence of both sides is taken, and the Magistrate must record the substance of the evidence and a judgment with a brief statement of reasons, section 287.
He is convicted. The sentence cannot exceed three months, section 285(2), whatever the offence would otherwise carry.
Change the facts. The phone is worth thirty thousand rupees. Section 283(1)(i) no longer applies. But the offence is not punishable with death, life, or more than three years, so the Magistrate may try it summarily under section 283(2), after hearing Deepak and recording his reasons in writing. Deepak cannot appeal against that decision, proviso to section 283(2).
Summary Trials
Halfway through, the case turns out to involve a gang and several other thefts. The Magistrate forms the view that a summary trial is undesirable. He shall recall the witnesses already examined and re-hear the case in the ordinary manner, section 283(3).
Change the court. The Magistrate is a second class Magistrate. He can try summarily only if the High Court has conferred the power, and only offences punishable with fine or up to six months, section 284.
Distinctions
| Section 283(1) | Section 283(2) | |
|---|---|---|
| Nature | Compulsory: "shall try in a summary way" | Discretionary |
| Which offences | The eight listed classes, with a twenty thousand rupee ceiling on the property ones | Any offence not punishable with death, life, or more than three years |
| Preconditions | None | Hearing the accused and reasons recorded in writing |
| Appeal against the decision | Not applicable | No appeal lies |
| Summons trial | Summary trial | |
|---|---|---|
| Procedure | Chapter XXI | The same, section 285(1), except as Chapter XXII provides |
| Record | Ordinary record of evidence | The ten particulars in section 286 |
| Where the accused pleads not guilty | Full record | Additionally the substance of the evidence and brief reasons, section 287 |
| Sentence | As the offence allows, within the Magistrate's powers | Not exceeding three months, section 285(2) |
| First class Magistrate or CJM | Second class Magistrate | |
|---|---|---|
| Source of power | The Sanhita itself, section 283 | The High Court, by conferment, section 284 |
| Reach | The listed offences, and up to three years under sub-section (2) | Offences punishable only with fine or up to six months, and their abetment or attempt |
What this does NOT mean
Summary does not mean without a hearing. The summons case procedure applies in full, section 285(1).
Section 283(1) is not a discretion. The word is "shall", which is the change from the old Code.
The three month cap is not the offence's maximum. It is the ceiling on what may be passed in a summary trial, which is why a case deserving more must be re-heard under section 283(3).
And section 287 does not require a full judgment. It requires the substance of the evidence and a brief statement of reasons, and only where the accused has not pleaded guilty.
Quick revision
- 283(1): a Chief Judicial Magistrate or a first class Magistrate shall try summarily eight classes of offence, including theft, receiving and assisting in the concealment of stolen property where the value does not exceed twenty thousand rupees, house-trespass under BNS section 331(2) and (3), insult to provoke a breach of the peace, criminal intimidation, their abetment and attempt, and Cattle-trespass Act section 20 cases.
- 283(2): discretionary summary trial of offences not punishable with death, life or over three years, after hearing the accused and recording reasons; no appeal against that decision.
- 283(3): where a summary trial becomes undesirable, the Magistrate shall recall the witnesses and re-hear the case.
- 284: the High Court may confer the power on a second class Magistrate for offences punishable only with fine or up to six months.
- 285: the summons case procedure applies; no sentence over three months.
- 286: ten particulars in the prescribed form, including the value of the property in theft and stolen property cases.
- 287: where the accused does not plead guilty, record the substance of the evidence and a judgment with a brief statement of reasons.
- 288: record and judgment in the language of the Court; the High Court may allow them to be prepared by an officer appointed by the Chief Judicial Magistrate and signed by the Magistrate.
Summary Trials
Test yourself
1. Is summary trial of the offences in section 283(1) optional? No. The Sanhita says a Chief Judicial Magistrate or a Magistrate of the first class shall try them in a summary way. The old section 260 said "may".
2. What is the property ceiling for summary trial of theft? Twenty thousand rupees, section 283(1)(i). The old Code set it at two thousand.
3. What is the maximum sentence in a summary trial? Imprisonment not exceeding three months, section 285(2).
4. What must a Magistrate do before trying an offence summarily under section 283(2)? Give the accused a reasonable opportunity of being heard and record his reasons in writing; and no appeal lies against that decision.
5. What happens if a summary trial turns out to be undesirable? The Magistrate shall recall any witnesses already examined and re-hear the case in the manner provided by the Sanhita, section 283(3).
6. What must be recorded where the accused does not plead guilty? The substance of the evidence, and a judgment containing a brief statement of the reasons for the finding, section 287, in addition to the particulars under section 286.
7. Which procedure governs a summary trial? That specified for the trial of a summons case, except as Chapter XXII otherwise provides, section 285(1).
The rest of this subject
These notes are cut from the University's printed syllabus. Open the syllabus itself, or the past papers, for the same subject.