Upgrad LLM

summary trial


S.260 empowers the court with a discretion to try the offences specified therein in a summary way.

During the course of the trial, how can the accused discern, whether the court is trying his case summarily or as a regular summons case?


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Advocate

There will be specific order under section 260 by magistrate that it is trying suit summarily.

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Anish - Are you sure? Cr.P.C does not say that there has to be a specific order. In fact in one of the Bombay High Cour judgement, the High Court has discerned that the trial court had conducted the trial in a summary way not from any specific order of the magistrate but from the fact that trial courts order contained the particulars as required under s.263 Cr.P.C. in the copy of the order. Of course these particulars would be available to the accused only when he gets the copy of the order.  It was in this background  I have raised the query? Let us see if somebody else can through more light.

Please see my subsequent message titled "De novo trial" which is connected with this query. In fact in that trial there was no specific order, but the succeeding magistrate seems to view that the trial was conducted in a summary way is inclined to rely upon 326 (3) Cr.p.c. to conduct a de novo trial.

 
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