What cases can be tried summarily?

• (i) offences not punishable with death, life imprisonment, or sentence of more than two years.
• (ii) theft (value of stolen goods not more than two thousand rupees)
• (iii) receiving and retaining stolen property (the value of stolen goods not more than two thousand rupees)

Who Cannot try summarily case?

Section 260 of the Code confers any Chief Judicial Magistrate,Metropolitan Magistrate and Magistrate of the first class with the power to try trial summarily. However, a Magistrate of the first class in order to try summarily has to take special permission from the High Court.

Which cases can be tried summarily CrPC?

So, only petty cases are allowed to be tried summarily. Therefore, an empowered magistrate may try all or any of the following offences: Any Offence that cannot be punishable with death, imprisonment for life, or imprisonment that exceeds two years.

What Offences are summary only?

Summary only offences are of lower severity and include most driving offences and common assault. These can only be tried in magistrates' court. Indictable only offences are the most serious and include murder, manslaughter and rape.

Can you attempt a summary only offence?

It is not possible to charge an attempt to commit a summary-only offence unless the particular statute expressly makes it an offence. There are other offences that cannot be the subject of an attempt.

What is an example of a summary offence?

Examples of summary offences are disorderly behaviour, driving under the influence of alcohol or a drug and minor criminal damage to property. People charged with summary offences cannot be tried by juries even if they would prefer it.

Which of the court have power to try the case summarily?

(2) 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, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Code.

Which court can hold summary trial when?

Summary trials can be held only by a District Magistrate or a Magistrate of the first class empowered in that behalf, or a Bench of Magistrates empowered under either section 260 or section 261 of the Code. Only offences specified in these sections may be tried by this procedure.

What is the difference between summary trial and regular trial?

In summary trial where appeal lies the Magistrate must preserve the original notes of evidence so that the Appellate or Revisional Court may see the error while in Regular trial the whole evidence is to be recorded with full opportunity to cross examines and thereafter even the arguments on both sides are to be heard ...

What does it mean to proceed summarily?

SUMMARY OFFENCES

This means that if you go to jail as a result of being convicted of a summary offence, you will serve your jail sentence in a provincial institution. If you are charged with a summary offence, your matter will be heard in Provincial Court by a judge.

What are the 3 types of Offences?

Criminal offences can be indictable offences, summary offences or offences 'triable either way'.

Is assault A summary offence?

Assault or resist police

Resisting arrest is usually dealt with as a summary offence in the local court, and comes with a maximum prison sentence of 12 months. In more severe cases, it may be dealt with as an indictable offence. This can happen if a weapon is used or serious threats are made.

Is criminal damage a summary only offence?

22 MCA 1980 does not make criminal damage a summary only offence despite its requirement for the triable either way offence to be tried summarily based on value.

How do you know if an offence is indictable or summary?

The main two categories of offences are summary offences and indictable offences. Indictable offences are often heard in a higher court, and come with more severe penalties, while summary offences have a maximum penalty of two years imprisonment and are most often dealt with in front of a magistrate in the local court.

Is Robbery A summary offence?

Robbery is always an indictable offence. There is mandatory minimum imprisonment for any robberies that involve the use of a firearm.

What are compoundable cases?

Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.

What is non summary trial?

The purpose of holding the non summary inquiry is to ascertain whether there is a prima facie case against the accused to commit him for trial in a higher Court. The Magistrate is not required or empowered to decide whether the accused is guilty or not guilty at the non summary inquiry.

What is the main purpose of a summary hearing?

Summary Hearing. A hearing in a lower court where all evidence is heard and a final decision is made before a Magistrate alone (without a jury).

What is a summary criminal case?

Summary trial is a criminal trial that takes place in the magistrates' court. The course of a summary trial mirrors, to a large extent, trial on indictment (which is a jury trial) in the Crown Court.

Can summary offences be tried in Crown Court?

A criminal offence that is only triable (summarily) in the magistrates' court. In limited circumstances, specific summary offences can be dealt with in the Crown Court if attached to a relevant either-way or indictable-only offence in that court (section 40, Criminal Justice Act 1998).

How long is a summary trial?

Overall, a summary judgement will last between 6 and 8 weeks which, compared to a full trial, is a lot less time.