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SUMMARY TRIALS [SECTION 260-265 Cr.P.C.] DECODED

The Judicial Magistrate, Metropolitan Magistrate and any Magistrate of First Class specially empowered by the High Court, leaving aside offences like death penalty, life imprisonment or imprisonment above 2 years, offences under IPC Sections 379, 380, 381, 411, where theft, assisting, procurement and retaining of the property exceeding Rs. 2,000/- and offences under IPC Sections 454, 456, 504, 506[1], abatement of abovementioned offences and attempt to commit above referred offences, and even Section 20 of the Cattle Trespass Act, 1871, can conduct Summary Trial of other offences punishable under IPC if it deems fit and appropriate.

Wherein, during Summary Trial, the Court came to understand from certain facts and it was of the view that it could conduct regular Trial, in such case, the Court can recall all those Witnesses who were examined and then proceed to re-hear the case in a regular manner.

The High Court can assign to a Magistrate of Second Class of power to conduct Summary Trial for any offence punishable [including abatement or an attempt] with fine or imprisonment not exceeding six months.

The procedures followed by the Court under Summary Trial cannot convict a person more than 3 months of imprisonment.

The Magistrate who is conducting Summary Trial must record the substance of the case in the format as given by the respective State Government.   

In Summary Trial, the Court must record the substance of the evidences and its decision to arrive at the Judgment after the Accused pleads not guilty.  

In Summary Trial, the Court must follow the Language it used to. Judgment is written in that Language only.

Otherwise, if the High Court or the Chief Judicial Magistrate specially assigned any Summary Case to a Magistrate, then the concerned Magistrate who looked into the case must affix his Signature on the record or the Judgment prepared by him.

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