Nupur

The word ‘trial’ is undefined in the Criminal Procedure Code. The trial can be defined as a type of inquiry with the object to determine the guilt or innocence of the accused person. Warrant cases are triable either by the Court of Session or Magistrate, whereas the summon cases are triable only by a Magistrate.

Please note that the Court of Session doesn’t take direct cognizance of the cases, but the cases are committed to the Court of Session under section 209 of the Criminal Procedure Code by the Magistrate if it is exclusively triable by Session court.KEEP READING

Offences listed under section 260(1)(i) to 260(1)(ix) can be tried summarily;

(i) offences not punishable with death, life imprisonment, or sentence of more than two years
(ii) theft (value of stolen goods not more than two thousand rupees)
(iii) receiving and retaining stolen property (the value of stolen goods not more than two thousand rupees)…KEEP READING

The trial of summons case has been dealt with under Chapter 20 of the Criminal Procedure Code from section 251 to 259. According to section 2(w) of CrPC, summons cases are those cases that are not warrant cases. Summons cases are punishable with a fine or imprisonment of less than two years. Summons cases are triable only by Magistrate.

Under summons cases, it is not necessary to frame the charge in writing, stating the substance of the offence to the accused is enough. The particulars of the offence of which the person is accused are stated to him.KEEP READING

Where the summons for the attendance of the accused person is to be issued, but the court believes the accused may abscond or when the accused fails to appear before the court without any reasonable cause, a warrant of arrest is issued.

Now, the warrant of arrest has been issued, and there is reason to believe that the accused has absconded or is hiding himself to avoid execution of the warrant.KEEP READING

In general, a warrant is an order that serves as a specific type of authorisation issued by a Court or Magistrate directed to the police or any other authority to enable them to arrest, search a premise etc. As discussed earlier, the attendance of the accused can be procured by:

1. summon
2. arrest or detention
3. proclamation and attachmentKEEP READING

In general, summons means “to appear and answer before the court.”

The presence of the accused during the trial plays a vital role in concluding a fair trial. The attendance of the accused can be procured either by issuing of summons or by arresting and detaining him or by issuing of proclamation or by attachment of property or bonds and sureties.KEEP READING