Introduction

A “Summon” is a legal document that orders the person whom it is served to appear in court & defend the complaint lodged against him. The accused is summoned by the Magistrate u/s 204(1) (a) of the Cr.P.C, 1973.

Trial Procedure in Summon Cases

Explanation of the offence’s particulars: Although sec. 251 specifies that framing accusations

If the particulars cannot be conveyed, the trial will not be vitiated,

Conviction based on a Guilty Plea

Sec. 252 & 253 provide for conviction after a guilty plea. In generally, sec 252 provides for a guilty plea

If the accused pleads guilty yet the allegations against

Procedure if accused isn’t convicted on basis of his plea

Sect. 254 addresses both the defence & prosecution cases if the accused is not convicted on the basis of his or her plea u/s 252 & 253.

The Prosecution’s Case

The accused will be heard and all evidence will be taken before the magistrate. The prosecution will be given the opportunity to open its case during the hearing by presenting the facts &

Defence Case

In continuation of this, the court will further proceed with the defence hearing u/s 254 after the prosecution evidence under section 254 and the examination of the defence u/s 313. (1). During the defence hearing

Conviction or Acquittal

If the magistrate concludes that the accused is not guilty after recording the evidence u/s 254, he will acquit him. If the accused

Complainant’s Non-appearance or Death

If the magistrate concludes that the accused is not guilty after recording the evidence u/s 254, he will acquit him. If the accused

In the case of a Summon, defendant is discharged

Sec. 258 empowers the first-class Magistrate to stop the proceedings at any stage with the CJM’s prior approval. As a result, if he...

Conclusion of the Trial of Summon cases under CrPC

The Trial of Summons matters is less formal than other trial procedures in order to provide a quick remedy. As a result, Sec. 258, which does not allow

Read more Articles related to the Law topics: Click on Learn more