Code
(1) In trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
Explain it
This section applies to cases where the accused is charged with an offense punishable with imprisonment for a term not exceeding one year, or with fine, or with both. The Magistrate can choose to conduct a summary trial if they believe it is appropriate, considering the nature of the offense and the circumstances of the case.
- In a summary trial, the Magistrate will hear the evidence of both the prosecution and the defense and then pronounce their judgment.
- The accused has the right to be represented by a lawyer and to examine witnesses.
- However, the trial is conducted in a less formal manner compared to a regular trial, and certain procedural formalities are dispensed with.
Illustrate it
For example, if a person is charged with theft of a small amount of money, the Magistrate might choose to conduct a summary trial. The Magistrate would hear the evidence of the complainant and the accused, and then decide whether the accused is guilty or not. If found guilty, the Magistrate would impose a sentence, which could include a fine or a short term of imprisonment.
Common Questions and Answers
Q1: What are the advantages of a summary trial?
A1: Summary trials are generally faster and more efficient than regular trials. This is because the trial process is simplified, and less time is spent on procedural formalities.
Q2: What are the disadvantages of a summary trial?
A2: The summary trial procedure is less formal and therefore may not provide the accused with the same level of due process as a regular trial.
Q3: Does the accused have the right to refuse a summary trial?
A3: The accused does not have the right to refuse a summary trial. However, they can request a regular trial if they believe that a summary trial is not appropriate in their case.
Q4: Can the Magistrate impose a harsher sentence in a summary trial?
A4: No. The Magistrate can only impose a sentence that is permissible under the law for the offense charged. The maximum sentence that can be imposed in a summary trial is one year of imprisonment or a fine.
