The
Code of Criminal Procedure, 1973
CHAPTER XX :
TRIAL OF SUMMONS-CASES BY MAGISTRATES
251. Substance of accusation to be stated
When in a summons-case the accused appears or is brought before the
Magistrate, the particulars of the offence of which he is accused shall
be stated to him, and he shall be asked whether he pleads guilty or has
any defence to make, but it shall not be necessary to frame a formal
charge.
252. Conviction on plea of guilty
If the accused plead guilty, the Magistrate shall record the plea as
nearly as possible in the words used by the accused and may, in his discretion,
convict him thereon.
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.
254. Procedure when not convicted
(1) If the Magistrate does not convict the accused under section 252
or section 253, the Magistrate shall 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.
(2) The Magistrate may, if he thinks fit, on the application of the
prosecution or the accused, issue a summons to any witness directing
him to attend or to produce any document or other thing.
(3) The Magistrate may, before summoning any witness in such application,
require that the reasonable expenses of the witness incurred in attending
for the purposes of the trial be deposited in Court.
255. Acquittal or conviction
(1) If the Magistrate, upon taking the evidence referred to in section
254 and such further evidence, if any, as he may, of his own motion,
cause to be produced, finds the accused not guilty, he shall record an
order of acquittal.
(2) Where the Magistrate does not proceed in accordance with the provisions
of section 325 or section 360, he shall, if he finds the accused guilty,
pass sentence upon him according to law.
(3) A Magistrate may, under section 252 or section 255, convict the
accused of any offence triable under this Chapter, which from the facts
admitted or proved he appears to have committed, whatever may be the
nature of the complaint or summons, if the Magistrate is satisfied that
the accused would not be prejudiced thereby.
256. Non-appearance or death of complainant
(1) If the summons has been issued on complaint, and on the day appointed
for the appearance of the accused, or any day subsequent thereto to which
the hearing may be adjourned, the complainant does not appear, the Magistrate
shall, notwithstanding anything hereinbefore contained, acquit the accused,
unless for some reason he thinks it proper to adjourn the hearing of
the case to some other day:
Provided that where the complainant is represented by a pleader or
by the officer conducting the prosecution or where the Magistrate is
of opinion that the personal attendance of the complainant is not necessary,
the Magistrate may dispense with his attendance and proceed with the
case.
(2) The provisions of sub-section (1) shall, so far as may be, apply
also to cases where the non-appearance of the complainant is due to his
death.
257. Withdrawal of complaint
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.
258. Power to stop proceedings in certain cases
In any summons-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 judgement
and where such stoppage of proceedings is made after the evidence of
the principal witnesses has been recorded, pronounce a judgement of acquittal,
and in any other case, release the accused, and such release shall have
the effect of discharge.
259. Power of Court to convert summons-cases into warrant-cases
When in the course of the trial of a summons-case relating to an offence
punishable with imprisonment for a term exceeding six months, it appears
to the Magistrate that in the interests of justice, the offence should
be tried in accordance with the procedure for the trial of warrant-cases,
such Magistrate may proceed to re-hear the case in the manner provided
by this Code for the trial of warrant-cases and may recall any witness
who may have been examined.
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