CrPC Section 263: Record in Summary Trials – Code of Criminal Procedure

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CrPC Section 263: Record in Summary Trials

This section deals with the specific record-keeping requirements for summary trials under the Code of Criminal Procedure (CrPC).

1. Code

Section 263 of the CrPC states:

In every summary trial, the Magistrate shall record in writing –

  • The substance of the evidence adduced by the prosecution and the accused;
  • Any statement made by the accused, and whether he was represented by a pleader;
  • The finding of the Magistrate;
  • The judgment and the reasons for the same;
  • The order passed.

2. 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.

3. 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.

4. 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.

Also Read  IPC Section 132: Abetment of Mutiny

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.

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