As per the Code of Criminal Procedure, 1973, there are three types of trial:
- Warrant case trial
- Summons case trial
- Summary case trial
As per section 2(x) of CrPC, a warrant case is a case relating to an offense punishable with death, imprisonment for life, and imprisonment for a term exceeding two years. As per section 2(w), a summon case is the one that is not a warrant case.
Section 251 to 259 of CrPC deals with the procedure of trial in a summons case. The first step that is mentioned in Section 251 includes that the accused shall be brought before the magistrate and will be asked whether he pleads guilty or not? It is necessary that the accused should have a clear statement made to him as to the particulars of the offence to which he is charged.
If the accused pleads guilty then the Magistrate will record his/her statement in nearly the same words as said by him. And if the accused admits some or all of the charges alleged by the prosecution but pleads “not guilty”, then the court is bound to proceed according to the law while examining the witnesses of the prosecution and defence.
Section 253 provides for an even simpler form of disposing of the case when the accused cannot or do want to appear in the Court and he pleads guilty. He can transmit the amount mentioned in the summons through post or by a pleader. The Magistrate can on his discretion convict the accused.
Section 254 – If now, the Magistrate does not plead the accused guilty, then he will proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
The Magistrate if he thinks fit, on the application by the prosecution or the accused can issue summons to any of the witnesses directing him to attend the Court or produce any such document. The number of witnesses that can be called upon is not limited.
Section 255 – If after examining the witnesses, the Magistrate finds the accused guilty, then he will pass a sentence upon him according to the law. If he finds the accused not guilty then he will pass an order of acquittal.
Section 256- In case of non-appearance of the complainant on the date mentioned in the summons or on any other adjourned date or in the case of the death of the complainant, the Magistrate will if he thinks fit in the interest of justice shall acquit the accused.
Section 257 states that if the complainant satisfies the Magistrate that there are sufficient grounds to withdraw his complaint, then the accused will be acquitted against whom the complaint is so withdrawn.
Section 258 cites that the Magistrate of first-class or any other Judicial Magistrate after the sanction of the Chief Judicial Magistrate may stop the proceedings at any stage, after citing the necessary conditions.
Section 259 states that the Magistrate if he thinks fit in the interest of justice, has the power to convert a summon case into a warrant case, where an offence is punishable with imprisonment exceeding six months.