In the context of the Criminal Procedure Code of 1973 (CrPC 1973), a summary trial is a special type of trial that is used for certain minor offenses. A summary trial is designed to be a quick and efficient way of disposing of cases that do not require a lengthy or complex trial.
Under the CrPC 1973, a summary trial can be conducted for offenses that are punishable by a maximum sentence of two years imprisonment, or a fine, or both. The accused must be informed of their right to have the case tried by a regular court and must consent to a summary trial. Additionally, the prosecutor must consent to the summary trial.
During a summary trial, the court will examine the evidence presented by the prosecutor and hear any witnesses that the prosecutor wishes to call. The accused will also have the opportunity to present evidence and call witnesses on their own behalf. Subsequently, the court will evaluate the evidence presented to arrive at a verdict of either guilt or innocence.
If the accused is found guilty, the court may immediately pass a sentence of imprisonment for a term not exceeding two years, or a fine, or both. The court must record the reasons for the sentence passed in the order. If the accused is acquitted, they are released immediately.
Summary trials are intended to be a speedy and efficient way of disposing of minor offenses, and as such, the procedures for a summary trial are simpler than those for a regular trial. For example, there is no need for formal framing of charges or for a full-fledged trial with a lengthy examination of witnesses and cross-examination.
However, summary trials have been criticized for their potential to deny defendants their right to a fair trial. There is a risk that the simplified procedures could result in a rush to judgment or inadequate consideration of the evidence. Therefore, it is important that summary trials are conducted in accordance with the proper procedures and that the accused is given a fair opportunity to present their case.