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ACKNOWLEDGEMENT
Firstly, I would like to express my profound sense of gratitude towards the Almighty ALLAH
for providing me with the authentic circumstances which were mandatory for the completion of
my research work.
I am also thankful to Dr.Asad Malik, for his invaluable support, encouragement, supervision and
useful suggestions throughout this research work. His moral support and continuous guidance
enabled me to complete my work successfully. His intellectual thrust and blessings motivated me
to work rigorously on this study. In fact this study could not have seen the light of the day if his
contribution had not been available. It would be no exaggeration to say that it is his unflinching
faith and unquestioning support that has provided the sustenance necessary to see it through to its
present shape.
I am thankful to the Librarians, Faculty of Law, Jamia Millia Islamia for helping me in collecting
the relevant material for my project report.
I would like to extend my sincere thanks to my friends and family for their constant review and
honest remarks.
Research methodology
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Sources of Data:
The following secondary sources of data have been used in the project1.Books
2.Websites
Method of Writing:
The method of writing followed in the course of this research paper is primarily analytical.
Mode of Citation:
The researcher has followed a uniform mode of citation throughout the course of this research
paper.
INTRODUCTION
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BENEFIT OF DOUBT
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The criminal jurisprudence, no doubt, requires a high standard of proof for 4 imposing
punishment to an accused. But it is equally important that on hypothetical grounds and
surmises prosecution evidence of a sterling nature should not be brushedaside and disbelieved to
give undue benefit of doubt to the accused. (Vide State of U.P. v. Ram Sevak and others-2003
(1) Crimes 461 (SC).The law should not be stretch edmorbidly to embrace every hunch
hesitancy and degree of doubt. Our jurisprudential enthusiasm for presumed innocence must be
moderated by the pragmatic need to make criminal justice potent and realistic (Vide
Shivaji v. State of Maharashtra AIR1973 SC 2622 ). Doubts must be actual and
substantial as to the guilt of the accused person aris ing from the evidence or from
the lack of it, as oppos ed to mere vague apprehensions. A reasonable doubt in not an
imaginary trivial or a merely possible doubt; but a fair doubt based upon reasons and common sense.
Uninformed legitimization of trivialities would make a mockery of administration of criminal
justice. AIR 1988 SC 2154 State of U.P. v. Krishna Gopal.
The criminal law has a purpose to serve. Its object is to suppress criminal enterpris e
and punis h the guilt y. In this process it must how ever be ens ured that reasonable
doubts alone are given to the accused. (Vide State of Kerala v. Narayanan Bhaskaran 1991
Crl.L.J.238 = 1991 (2) KLT 217).
SUMMARY TRIAL
Summary trial means short trials avoiding the regular lengthy procedure . Summary trial aims at
speedy or quick disposal of minor offences . The procedure followed in the summary trial is to
some extent the procedure of trial of summons cases having some differences to the effect that in
summary trial not the formal and elaborate recording of evidence and judgment but only a
memorandum of the substance of evidence or a brief statement are recorded . In summary trial
no sentence of imprisonment for a term more than three months can be imposed by the
Magistrate.
Case of offenses punishable with an imprisonment of not more than six months can be tried in a
summary way. It is also to be noted that if the case has been tried in a summary way, a person
cannot be awarded a punishment of imprisonment for more than three months.
Both the trial before the court of sessions and warrant cases by magistrates are tried under the
procedure of warrant cases and the remaining two are tried in a summons cases trial.
Section 272 of Cr.P.C. empowers the State Government to determine what shall be the language,
for the purpose of each court within the State other than the High court. However the depositions
and evidence adduced by the witness in their mother tongue will be translated to the language of
the court. The dossiers of case records are translated to the language known or understandable by
the accused so as to have a fair trial.
Section 311 of Cr.P.C enables the criminal courts, at any stage of any trial or inquiry to summon
any person as a witness, or examine any person in attendance, though not summoned as a witness
or recallor re-examine any person who has been already examined.13The code of criminal
procedure also enables the courts to order payment of expenses of complainants and witnesses.14
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This provision and the provisions in subsection (1) and (2) of the Section 243, CrPC are
mandatory. Section 243 CrPC. Evidence for defence.
(1) The accused shall then be called upon to enter upon his defence and produce his evidence;
and if the accused puts in any written statement, the Magistrate shall file it with the record.
(2) If the accused, after he had entered upon his defence, applies to the Magistrate to issue any
process for compelling the attendance of any witness for the purpose of examination or crossexamination, or the production of any document or other thing, the Magistrate shall issue such
process unless he considers that such application should be refused on the ground that it is made
for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be
recorded by him in writing:
Provided that, when the accused has cross-examined or had the opportunity of cross-examining
any witness before entering on his defence, the attendance of such witness shall not be compelled
under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice.
(3) The Magistrate may, before summoning any witness on an application under sub-section (2),
require that the reasonable expenses incurred by the witness in attending for the purposes of the
trial be deposited in court.
The provisions of s. 243 apply equally to cases instituted on police report or on private
complaint. After the examination and crossexamination of all prosecution witnesses, i.e. after the
completion of the prosecution case the accused shall be called upon to enter upon his defence
and any written statement put in shall be filed with the record.
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SUMMON TRIAL:
A summons case means a case relating to an offence not being a warrant case, implying all cases
relating to offences punishable with imprisonment not exceeding two years. In respect of
summons cases, there is no need to frame a charge. The court gives substance of the accusation,
which is called notice, to the accused when the person appears in pursuance to the summons.
In view of Section 251 of Cr.P.C. the Magistrate is required to explain the particulars of the
offence of which the accused is prosecuted. As per section 252 if the accused pleads guilty, the
Magistrate shall record his plea as nearly as possible in the words used by the accused and may
in his discretion, convict him thereon.
Section 253. Conviction on plea of guilty in absence of accused in petty cases.
(1) Where a summons has been issued under section 206 and the accused desires to plead guilty
to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post
or by messenger, a letter containing his plea and also the amount of fine specified in the
summons.
(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty
and sentence him to pay the fine specified in the summons, and the amount transmitted by the
accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this
behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as
possible in the words used by the pleader and may, in his discretion, convict the accused on such
plea and sentence him as aforesaid.
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Section 257 of Cr.P.C. deals with the withdrawal of complaint subject to the satisfaction of the
Magistrate. Apparently this section applies to summons cases.
If a complainant, at any time before a final order is passed in any case under this Chapter,
satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his
complaint against the accused, or if there be more than one accused, against all or any of them,
the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused
against whom the complaint is so withdrawn.
Section 258 of Cr.P.C. deals with the powers to stop proceeding in certain cases.
In any, summons that case instituted otherwise than upon complaint, a Magistrate of the first
class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial
Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without
pronouncing any judgment and where such stoppage of proceedings is made after the evidence of
the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other
case release, the accused, and such release shall have the effect of discharge.
Section 259 of Cr.P.C. empowers the Magistrate to convert a summons case into warrant case (1)
if the offence is punishable with imprisonment for more than six months, & (2) if he is of the
opinion that it would be in the interest of justice try such case in accordance with the procedure
for the trial of warrant cases.
Section 274 of Cr.P.C. deals with the record in summons cases and inquires. The Magistrate
shall, as the examination of each witness proceeds, make a memorandum of the substance of his
evidence in the language of the Court. However, if the magistrate is unable to make such
memorandum himself, he shall, after recording the reason of his inability, cause such
memorandum to be made in writing or from his dictation in open Court.
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BIBLIOGRAPHY
Books
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Online Resources
http://ncmei.gov.in/
www.maef.nic.in/
www.ncm.nic.in/constitutional_provisions.html
http://ncmei.gov.in/writereaddata/filelinks/c296efcb_Guidelines.pdf
www.sabrang.com/cc/archive/2010/apr10/chapter2.pdf
www.jstor.org
www.epw.in
www.ncm.nic.in/constitutional_provisions.html
http://www.ncpedp.org/eductn/ed-resrch.htmm.
http://socialjustice.nic.in
http://www.publichealthlaw.net
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