Criminal Procedure Code, 1973 – Jurisprudence, Interpretation & General Laws Important Questions

Criminal Procedure Code, 1973 – Jurisprudence, Interpretation & General Laws Important Questions

Question 1.
Distinguish between: Warrant Case & Summons Case [June 2010 (4 Marks)]
Answer:
Following are the main points of difference between warrant case & summons case:

Points Warrant Case

Summons Case

Meaning Warrant-case means a case relating to an offence punishable with:

  • Death or
  • imprisonment for life or
  • imprisonment for a term exceeding 2 years.
Summons case means relating to an offence, and not being a warrant case.
Charge A charge is to be framed. No charge need to be framed.
Conviction After the charge is framed, il the accused pleads guilty, the Magistrate may Comect him. The magistrate has the discretion to convict an accused if he pleads guilty.
Discharge/release The magistrate cannot discharge the accused if the complainant does not appear. Accused may be released if the complainant does not appear.
Consent for withdrawn With the consent of the Court, the complainant can withdraw the remaining charges if the accused is convicted on one or more charges. With the permission of the Magistrate, the complainant can withdraw his complaint.
Conversion A warrant case cannot be converted into a summons case. A summons case can be converted into a warrant case.

Question 2.
Distinguish between: Bailable offence & non-bailable offence [June 2010 (4 Marks)]
Answer:
Following are the main points of difference between bailable & non-bailable offence:

Points Bailable Offence Non-bailable Offence
Meaning A bailable offence is an offence that is shown as bailable in First Schedule to the Code or which is made bailable by any other law. A non-bailable offence means an offence other than a bailable offence.
Example The First Schedule to the Code of Criminal Procedure gives a list of bailable offence, as for instance:

  • Rioting,
  • Being a member of an unlawful assembly,
  • Bribery so on.
The examples of non-bailable offence are:

  • Murder,
  • Culpable homicide,
  • Counter feting coins etc.
Seriousness Bailable offences are less serious. Non-bailable offences are more serious.
Cognizable/ Non- Cognizable Bailable offences are generally non-cognizable. Non-bailable offences are generally cognizable.
IPC If an offence is punishable with imprisonment for less than 3 years or with a fine only, it is bailable. A Non-Bailable offence is one that is punishable with a death penalty or life imprisonment for 3 years or more.
Arrest A police officer is authorized to arrest with a warrant. A police officer is authorized to arrest without a warrant.

Question 3.
Distinguish between: Bailable offence & non-bailable offence [June 2010 (4 Marks)]
Answer:
Following are the main points of difference between bailable & non-bailable offence:

Points Bailable Offence Non-bailable Offence
Meaning A bailable offence is an offence that is shown as bailable in First Schedule to the Code or which is made bailable by any other law. A non-bailable offence means an offence other than a bailable offence.
Example The First Schedule to the Code of Criminal Procedure gives a list of bailable offence, as for instance:

  • Rioting,
  • Being a member of an unlawful assembly,
  • Bribery so on.
The examples of non-bailable offence are:

  • Murder,
  • Culpable homicide,
  • Counter feting coins etc.
Seriousness Bailable offences are less serious. Non-bailable offences are more serious.
Cognizable/ Non- Cognizable Bailable offences are generally non-cognizable. Non-bailable offences are generally cognizable.
IPC If an offence is punishable with imprisonment for less than 3 years or with a fine only, it is bailable. A Non-Bailable offence is one that is punishable with a death penalty or life imprisonment for 3 years or more.
Arrest A police officer is authorized to arrest with a warrant. A police officer is authorized to arrest without a warrant.

Question 4.
Distinguish between: ‘Pleader’ and ‘Public Prosecutor’. [June 2014 (4 Marks)]
Answer:
Pleader [Section 2(q)\. With reference to any proceedings in any Court, it means a person authorized by or under any law for the time being in force, to practice in such Court and includes any other person appointed with the permission of the Court to act in such proceeding.

It is an inclusive definition and a non-legal person appointed with the permission of the Court will also be included.

Public Prosecutor [Section 2(«)]: A public prosecutor means any person appointed u/s 24, and includes any person acting under the directions of a Public Prosecutor.

Public prosecutor, though an executive officer is, in a larger sense, also an officer of the Court and he is bound to assist the Court with his fair views and fair exercise of his functions.

Question 5.
Distinguish between: ‘investigation’ and ‘Inquiry’ under the Code of Criminal Procedure, 1973. [Dec 2014 (4 Marks)]
Answer:
Following arc main points of distinction between investigation & inquiry.

Points Investigation Inquiry
By whom The investigation includes all the proceedings for the collection of evidence, conducted by a police officer or by any person who is authorized by a magistrate on this behalf. Inquiry means every inquiry, other than a trial conducted by a Magistrate or a Court.
What is done The investigation represents an attempt to collect evidence. Inquiry beings with interrogation.
Aim The main aim of the investigation is to collect evidence. An inquiry aims at determining the truth or falsification of certain facts.
Judicial/ non-judicial An investigation is never judicial. An inquiry may be judicial or non-judicial.

Question 6.
Distinguish between: Cognizable Offence & Non-Cognizable Offence [June 2011, Dec 2014 (4 Marks)]
Answer:
Following are the main points of difference between cognizable & non-cognizable offences:

Points Non-cognizable offence Cognizable offence
Meaning Non-cognizable offence means an offence for which a police officer can make an arrest with a warrant. Cognizable offence means an offence for which a police officer may arrest without a warrant.
Cognizable/ Non- Cognizable Non-cognizable offences are generally bailable. Cognizable offences are generally non-bailable.
Seriousness Non-cognizable offences are less serious. Cognizable offences are more serious.
Arrest by Police Officer A police officer is authorized to arrest with a warrant. A police officer is authorized to arrest without a warrant.

Question 7.
Distinguish between cognizable and non-cognizable offence under the Criminal Procedure Code, 1973. [June 2019 (4 Marks)]
Answer:
Following are the main points of difference between cognizable & non-cognizable offences:

Points Non-cognizable offence Cognizable offence
Meaning Non-cognizable offence means an offence for which a police officer can make an arrest with a warrant. Cognizable offence means an offence for which a police officer may arrest without a warrant.
Cognizable/ Non- Cognizable Non-cognizable offences are generally bailable. Cognizable offences are generally non-bailable.
Seriousness Non-cognizable offences are less serious. Cognizable offences are more serious.
Arrest by Police Officer A police officer is authorized to arrest with a warrant. A police officer is authorized to arrest without a warrant.

Question 8.
Discuss the powers of various courts under the Code of Criminal Procedure, 1973. [Dec 2009 (5 Marks)]
Answer:
Following are the powers of the Court to pass sentence:

Section Court / Magistrate The sentence that can be passed
Section 28 High Court Can pass any sentence authorized by law.
Session Judge or Additional Session Judge Can pass any sentence authorized by law.
However, the death sentence has to be confirmed by High Court.
Assistant Session Judge Can pass sentence for the term up to 10 years imprisonment.
Section 29 Chief Judicial Magistrate Can pass sentence for a term up to 7 years imprisonment.
Magistrate of First Class
  • Can pass sentence for a term up to 3 years imprisonment or
  • Fine up to t 10,000 or
  • Both
Magistrate of Second Class
  •  Can pass sentence for a term up to 1-year imprisonment or
  • Fine up to t 5,000 or
  • Both
Chief Metropolitan Magistrate Shall have all the powers of Chief Judicial Magistrate, Magistrate of First Class and Magistrate of Second Class.

Question 9.
A Magistrate of the First Class passes a sentence of imprisonment for a term of 3 years with a fine of ₹ 10,000, and in case of failure to pay the fine, to serve additional imprisonment for another 1 year. The convict feels aggrieved by the sentence. Can he prefer an appeal against the judgment? [Dec 2010 (6 Marks)]
Answer:
As Section 29 of the Code of Criminal Procedure, 1973, Magistrate of 1st Class:

  • Can pass sentence for a term up to 3 years imprisonment or
  • Fine up to ₹ 10,000 or
  • Both

As per Section 30 of the Code of Criminal Procedure, 1973, the Court of a Magistrate may award additional imprisonment in default of payment of fine. However, the term of imprisonment shall not exceed 1 /4th of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence.

In the present case, the Judicial Magistrate of the First Class can inflict a sentence of imprisonment which may extend to 3 years as punishment for the offence of theft. Therefore, the term of additional imprisonment which can be awarded in default of payment of fine cannot be more than 1 / 4th of 3 years. In other words, the term of additional imprisonment in default of payment fine cannot exceed 9 months. [36 month X 1/4— 9 months]

The accused is advised to challenge the validity of the sentence accordingly.

Question 10.
Angad is charged with the murder of Binod. The charge sheet is filed in the Court of Chief Judicial Magistrate, who passed an order of sentence of imprisonment for life. Angad engages you as an advocate. Advise the course of action to Angad giving reasons. [Dec 2010 (5 Marks)]
Answer:
According to Section 29 of the Code of Criminal Procedure, 1973, Chief Judicial Magistrate is competent to pass a sentence for a term up to 7 years imprisonment. Hence, Angad can file an appeal against the order of the Chief Judicial Magistrate.

Question 11.
‘X’ is charged for the murder of ‘Y’ The charge sheet is filed in the court of Chief Judicial Magistrate, who passed the order of sentence of life imprisonment. ‘X’ engages you as an Advocate. What shall be your advice in the matter? [Dec 2013(5 Marks)]
Answer:
According to Section 29 of the Code of Criminal Procedure, 1973, Chief Judicial Magistrate is competent to pass a sentence for a term up to 7 years imprisonment. Hence, Angad can file an appeal against the order of the Chief Judicial Magistrate.

Question 12.
State any four categories of cases in which a police officer may arrest a person without an order from a Magistrate and without a warrant.
[Dec 2013 (4 Marks)]
OR
Enumerate any four categories of cases in which a police officer may arrest a person without an order from a magistrate and without a warrant under section 41 of Cr.P.C., 1973. [Dec 2019 (4 Marks)]
Answer:
As per Section 41 of the Code of Criminal Procedure, 1973, any police officer may without an order from a Magistrate and without a warrant, arrest any person:
(a) Who has been concerned in any cognizable offence or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned.
(b) Who has in possession, without any lawful excuse an implement of house-breaking.
(c) Who has been proclaimed as an offender, either under the Criminal Pro¬cedure Code or by any order of the State Government.
(d) In whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing.
(e) Who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody.
(f) Who is reasonably suspected of being a deserter from any of the Armed Forces of the Union.
(g) Who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India.
(h) Who, being a released convict, commits a breach of any rule made u/s 356(5).
(i) For whose arrest any requisition, whether written or oral, has been re¬ceived from another police officer.

However, the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

Question 13.
A Magistrate of the First Class passed a sentence of imprisonment for a term of three years with a fine of ₹ 6,000 and in lieu of non-payment thereof, additional imprisonment for another one year. The aggrieved party, Anshul, wants to prefer an appeal against the order of the Magistrate. Will he succeed? Advise with reasons.
Answer:

As Section 29 of the Code of Criminal Procedure, 1973, Magistrate of 1st Class:

  • Can pass sentence for a term up to 3 years imprisonment or
  • Fine up to ₹ 10,000 or
  • Both

As per Section 30 of the Code of Criminal Procedure, 1973, the Court of a Magistrate may award additional imprisonment in default of payment of fine. However, the term of imprisonment shall not exceed 1 /4th of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence.

In the present case, the Judicial Magistrate of the First Class can inflict a sentence of imprisonment which may extend to 3 years as punishment for the offence of theft. Therefore, the term of additional imprisonment which can be awarded in default of payment of fine cannot be more than 1 / 4th of 3 years. In other words, the term of additional imprisonment in default of payment fine cannot exceed 9 months. [36 month X 1/4— 9 months]

The accused is advised to challenge the validity of the sentence accordingly.

Question 14.
Distinguish between: Summons and warrant of arrest [June 2013 (4 Marks)]
Answer:
Following are the main points of difference between summons and warrants.

Points Summons Warrants
Meaning A Summons is a form of process issued by a Court, calling upon a person to appear before the Magistrate or to produce a document or thing. A warrant is an order to a police officer or other person to arrest a person.
Absconding to evade service Absconding to evade service of a summons is not punishable. Absconding to evade service of a warrant is punishable under the Indian Penal Code, 1860.
Substituted service Substituted service is available for summons. Substituted service is not available for a warrant.
Step The issue of a warrant is a more drastic step than the issue of a summons. A warrant is justified if summon, which is duly served is disobeyed or if the accused wilfully avoids service of the summons.

Question 15.
Describe in brief the cases in which a Search Warrant can be issued under Section 93 in the Criminal Procedure Code, 1973.
Answer:
Sometimes it is necessary that a person should produce a document or other thing which may be in his possession or power for the purposes of any investigation or inquiry under this Code. This can be compelled to be produced by issuing summons [Sections 91 & 92] or a warrant [Sections 93 to 98],

When search-warrant may be issued [Section 93]: A search warrant can be g issued in the following three cases:

  • Where the Court has reason to believe that the person to whom a summons a or order is addressed will not produce document or thing as required by summons or requisition.
  • Where document or thing is not known to the Court to be in the possession of any person.
  • Where general search or inspection is necessary.

The person to whom such a warrant is directed may search or inspect in accordance with the search warrant.

A search warrant shall not be issued for searching a document, parcel or other things in the custody of the postal or telegraph authority by a Magistrate other j than a District Magistrate or Chief Judicial Magistrate.

Similarly, a Search Warrant also cannot be issued so as to affect Sections 123 & I 124 of the Indian Evidence Act, 1872 or the Bankers Books Evidence Act, 1981.

Question 16.
An Executive Magistrate receives information that Chanchal is likely to do a wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity. Whether he can require Chanchal to show cause why he should not be ordered to execute a bond for keeping the peace for a period of 3 years.
Answer:
As per Section 107 of the Code of Criminal Procedure, 1973, when an Executive Magistrate receives information that any person is likely to:

  • Commit a breach of offence.
  • Disturb the public tranquillity.
  • Do any wrongful act that may probably occasion the peace; or disturb the public tranquillity

They may require such a person to show cause why he should not be ordered to execute a bond for keeping the peace for a period not exceeding 1 year, as the Magistrate deem fit. In the present problem, time period is 3 years, as such, a requisition order cannot be made.

Question 17.
A tenant had abandoned the disputed house before his death but possession of the said house was not handed over to the landlord. The heirs of the deceased tenant had not paid rent but they had locked the house. The Sub-Divisional Magistrate issued an order under Section 144 of the Code of Criminal Procedure, 1973 to unlock the house. The heirs of the deceased tenant resist the order of the Sub-Divisional Magistrate. Will they succeed? What will be your answer, if the said house is in a dilapidated condition and is likely to endanger human life, health or safety?
Answer:
As per Section 144 of the Code of Criminal Procedure, 1973, Magistrate can issue the order if there is sufficient ground for immediate prevention or speedy remedy. The magistrate may direct any person to abstain from a certain act, to prevent, obstruction, the annoyance or injury or danger to human life, health or safety or a disturbance of the public tranquillity, or an affray.

Hence, in this case, the Sub-Divisional Magistrate can pass order only if the house is in such a dilapidated condition as to be a potential danger to human; life, and not otherwise. The heirs will succeed in resisting the order only if the house is not in danger to the public.

Question 18.
The Sub-Divisional Magistrate at the instance of an officer in charge of police station passed an order under Section 144 of the Code of Criminal Procedure, 1973 by which petitioner’s Puja Committee and others were prohibited from taking out immersion procession of the statue of Goddess Durga and passing in front of two Mosques in the village concerned playing music on Vijayadashmi day. Members of the Hindu community agitate the order as such order amounts to interference in their legal exercise of the customary and religious right. Whether the order passed by the Sub Divisional Magistrate is valid? Give reasons in support of your answer.
Answer:
As per Section 144 of the Code of Criminal Procedure, 1973, Magistrate can issue the order if there is sufficient ground for immediate prevention or speedy remedy. The magistrate may direct any person to abstain from a certain act, to prevent, obstruction, the annoyance or injury or danger to human life, health or safety or a disturbance of the public tranquillity, or an affray.

In this case, The Sub-Divisional Magistrate issues an order by which the petitioner’s Puja Committee and others were prohibited from taking out immersion procession of the statue of Goddess Durga and passing in front of two mosques in the village. This order is valid as it is an imminent danger to peace and tranquillity. Moreover, taking out the procession itself is not to be barred; it should be ordered that the procession should not cause any harm or disturbance to the public, especially the public coming to the mosques.

Question 19.
Shyam, a police officer comes to know from reliable sources that four persons are staying in a house and planning to kidnap and murder Rajan. They are equipped with automatic weapons. The police officer apprehends that they will commit the crime at any moment. He directly goes to that house and, without any warrant or order from the Metropolitan Magistrate, arrests all the four persons along with weapons in their possession. Is the arrest of all four persons valid? Decide with reasons. [June 2013 (6 Marks)]
Answer:
Normally no person can be arrested without an order of the Court or warrant. However, Section 151 of the Code of Criminal Procedure, 1973 empowers a police officer to prevent the commission of any cognizable offence (i.e. non-bailable).

A police officer can arrest any person designing to commit a cognizance offence without a warrant if it appears to him that the commission of offence cannot be otherwise prevented. The person so arrested by the police officer cannot be detained in custody for a period exceeding 24 hours.

As per facts given in the case, some persons are planning to kidnap and murder Rajan which is a cognizance offence and hence police officer can arrest such persons without any warrant or order from the Magistrate.

Question 20.
Discuss the provisions relating to information to the police and their power to investigate incognizable and non-cognizable cases under the Criminal Procedure Code, 1973. [Dec 2019 (8 Marks)]
Answer:
Information in cognizable cases [Section 154]:

  1. Every information relating to the commission of a cognizable offence given shall be reduced to writing by an officer in charge of a police station. It shall be read over to the informants. It shall be signed by the person giving it. The substance of such information shall be entered in a prescribed book.
  2. A copy of the information shall be given forthwith, free of cost, to the informant.
  3. Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information may send the substance of such information in writing and by post to the Superintendent of Police concerned. If Superintendent satisfies that such information discloses the commission of a cognizable offence, he shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the prescribed manner.

Information as to non-cognizable cases and investigation of such cases [Section 155]:

  1. When information is given to the police officer of the commission of a non-cognizable offence, he shall enter the substance of the information in a book and refer the informant to the Magistrate.
  2. No police officer shall investigate a non-cognizable case without the order of a Magistrate having the power to try such a case or commit the case for trial.
  3. Any police officer receiving such an order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.
  4. Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case.

Police officer’s power to investigate cognizable cases [Section 156]:

  • Any officer in charge of a police station may, without the order of a Mag¬istrate, investigate any cognizable case.
  • No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.
  • Any Magistrate empowered under section 190 may order such an inves¬tigation as above mentioned.

Question 21.
Ajit went to a police station to lodge a First Information Report (FIR) against Birsa for a cognizable offence but the officer in charge of the police station refuses to record the FIR. What is your advice to Ajit for further action?
Answer:
As per Section 154(3) of the Code of Criminal Procedure, 1973, any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information may send the substance of such information in writing and by post to the Superintendent of Police concerned.

Thus, Ajit is advised to send information or the substance of information relating to cognizable offence in writing and by post to the Superintendent of Police concerned. If Superintendent satisfies that such information discloses the commission of a cognizable offence, he shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the prescribed manner. It will also be treated as FIR.

Secondly, Ajit may make a complaint of such offence before the Magistrate u/s 200.

Question 22.
A first information report is lodged against Krook for committing one cognizable and three non-cognizable offences. Can the police conduct the investigation in respect of all the four offences without an order from the Magistrate?
Answer:
Where a case relating to two or more offence of which at least one is cognizable, the case shall be deemed to be a cognizable case, irrespective of the fact that the other offences are non-cognizable. Accordingly, the referred case will be treated as a cognizable case; and hence, the police can conduct an investigation in respect of all the offences without the order of a Magistrate.

Question 23.
Distinguish between: ‘Complaint’ and ‘FIR’. [Dec 2013 (4 Marks)]
Answer:
Following are the main points of difference between complaint and FIR:

Points Complaint First Information Report
Meaning A complaint is an allegation made orally or in writing to a Magistrate. The first information is given in writing or orally to a police officer.
Cognizance The Magistrate can take cognizance of an offence on a complaint. The Magistrate cannot take cognizance of an offence on FIR.
Who can A complaint can be given only by a person authorized under the law under certain circumstances. Any person can give the first information.

Question 24.
When can the Magistrate take cognizance of offences? [Dec 2012 (4 Marks)]
Answer:
As per Section 190 of the Code Criminal Procedure, 1973, any Magistrate of the First Class, and any Magistrate of the Second Class specially empowered in this behalf may take cognizance of any offence:
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance of such offences as are within his competence to inquire into or try.

Question 25.
A commits an offence punishable with imprisonment which may extend to 3 years in 2012. Soon thereafter, A went to America. On his return in 2018, the prosecution was started against A in respect of the above offence. A raised an objection that the Court cannot take cognizance of the offence because a period of more than 3 years has elapsed after the commission of the offence. Will the Court allow this objection?
Answer:
In the given problem, A has committed an offence punishable with imprisonment of up to 3 years. Hence, cognizance can be taken before the expiry of a period of 3 years. But in computing, the period of limitation the time during which the offender has been out of India or from any territory outside India shall be excluded.

Hence, the Magistrate can take cognizance because, the span of time from 2012 to 2018 will not be included in computation to the period of limitation, as during this period A was absent from India.

Question 26.
Raman moves an application for anticipatory bail before a Judicial Magistrate of First Class of the area, for the bailable offence. Can A get anticipatory bail?
Answer:
As per Section 438 of the Code of Criminal Procedure, 1973, anticipatory bail can be granted in a non-bailable offence only by the High Court or the Court of Session. Judicial Magistrate of First Class has got no power to grant anticipatory bail. Further anticipatory bail cannot be granted for a bailable offence.

Question 27.
Sohan is tried summarily by the Chief Judicial Magistrate on the charge of committing theft and is sentenced to undergo rigorous imprisonment for 6 months. Sohan wants to challenge this decision. Can he do so? Discuss. [June 2012 (5 Marks)]
Answer:
According to Section 262 of the Code of Criminal Procedure, 1973, no sentence of imprisonment for a term exceeding 3 months can be passed in case of conviction in a summary trial. Thus, the sentence of 6 months imprisonment could not have been legally awarded in the given case by Chief Judicial Magistrate. Sohan should, therefore, file an appeal before the appropriate Court challenging the quantum of punishment.

Question 28.
Discuss the summary trial by a Magistrate under the Criminal Procedure Code, 1973. [Dec. 2018 (4 Marks)]
Answer:
Section 260 to Section 265 of the Criminal Procedure Code, 1973 deals with the various provisions relating to summary trials.

Meaning: A summary trial implies speedy disposal. A summary case is thus which can be tried and disposed at once. Thus, the summary procedure is not the applicable contentious and complicated case that requires a full and lengthy inquiry. Generally, it will apply to such offences not punishable with imprisonment for a term exceeding two years.

Procedure: In a summary trial, all cases should be tried by the summons procedure whether the case is a summons case or a warrant case.

Offences that can be dealt with the summary trial:

  • Offences not punishable with death, imprisonment for life, or imprison¬ment for a term exceeding 2 years.
  • Theft of value of the property up to ₹ 2,000 u/ss 379, 380, 381 of IPC, 1860.
  • Assisting in the concealment or disposal of stolen property up to ₹ 2,000 u/s 414 of IPC.
  • Receiving or retaining stolen property up to ₹ 2,000 under Section 411 of IPC.
  • Offences under Sections 454 & 456 of IPC (lurking house, trespass etc.).
  • In suit with intent to provoke breach of peace under Section 504 and Criminal Intimidation u/s 506 of IPC.
  • Abetment of any foregoing offences.
  • An attempt to commit any forgoing offence, when such attempt also is an offence.
  • Any offence constituted by an act in respect of which a complaint may be made u/s 20 of the Cattle Trespass Act, 1871.

Procedure for summary trials [Section 262]: In all summary trials the summons case procedure should be followed irrespective of the nature of the case i.e. whether it is a summons case or a warrant case.

No sentence of imprisonment for a term exceeding 3 months shall be passed in any conviction in summary trials. No limit to fine.

Judgment in summary trials: 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 reason for the finding. The concerned Magistrate must sign such record and judgment.

Jurisprudence, Interpretation & General Laws Questions and Answers

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