Legal Provisions of Section 260 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Power to try summarily:
Summary trials are meant for speedy disposal of petty cases by abridged procedure. Only senior and experienced judicial officers are empowered to try cases summarily under this section. No formal charge is framed and there is no appeal in such trial if the sentence of fine not exceeding Rs. 200/- has been awarded. However, an application for revision against the decision in a case tried summarily shall lie to the High Court.
ADVERTISEMENTS:
Generally, cases not punishable with imprisonment for more than two years are triable summarily. Cases specified in clauses (ii) to (ix) of sub-section (1) can be tried- summarily at the discretion of the Magistrate. The discretion, however, has to be used judicially having regard to the circumstances of each case. Cases which are complicated and serious should not be tried in a summary way.
The procedure of summary trial is not only confined to offences committed under the Indian Penal Code but it also extends to offences under special or local acts provided they are punishable with imprisonment for a term not exceeding two years.
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If there is a change from summary to regular trial on the ground that the offence is such that it cannot be tried summarily, the trial must from its inception be conducted in a regular manner.
ADVERTISEMENTS:
Commenting on the object of Section 260 of Cr. P. C., the Supreme Court in V. K. Agarwal v. Vasant Raj Bhatia, observed that procedure of summary trial has been laid down for speedy disposal of cases but it does not mean that the procedure in grave criminal cases be dropped because they involve considerable delay.