Code
In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:–
(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 cases coming under clause (ii), clause (iii) or clause (iv) of sub-section (1) of section 260, the value of the property in respect of which the offence has been committed;
(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.
Explanation
This section mandates that in summary trials, the Magistrate must meticulously document every crucial aspect of the proceedings. This includes:
- Evidence: The gist of the evidence presented by both the prosecution and the accused.
- Accused’s Statement: The accused’s statement, along with information about legal representation.
- Finding: The Magistrate’s conclusion on the accused’s guilt or innocence.
- Judgment and Reasons: The final judgment and the reasoning behind it.
- Order: The specific order passed by the Magistrate based on the judgment.
Illustration
Consider a case of petty theft tried summarily. The Magistrate must record the details of the stolen item, witness testimonies, the accused’s statement, and whether they had a lawyer. Subsequently, the Magistrate’s finding of guilty or not guilty, the reasons for the judgment, and the final order (e.g., fine or acquittal) must all be documented.
Common Questions and Answers
Q: What is the purpose of recording these details?
A: To ensure transparency and accountability in the judicial process, to facilitate appeals and revisions, and to serve as a legal record of the proceedings.
Q: Is this section applicable to all summary trials?
A: Yes, Section 263 applies to all summary trials under the CrPC.
Q: What are the consequences of not following Section 263?
A: It can lead to procedural irregularities and potentially affect the validity of the trial proceedings.
