Summary Trials in India

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Summary Trial and the impetus it provides the legal scenario

The advent of summary trial was to bring forth speedy disposal of cases, it never was brought in for complicated cases that generally require lengthy enquiries. The power to conduct summary trials, vests with the judicial officers who are, in judicial nature, Chief Judicial Magistrate, Metropolitan Magistrate and a Magistrate of First Class who is especially empowered by The concerned High Court.

A trial should be tried in the summary way, from the very inception to the very end, a trial in the midst of being conducted non-summarily, ought not to be shifted and conducted in the summary way. The accused, if he is deaf and dumb, may be tried summarily, all resting on the discretion of the concerned Judge/Magistrate. The Magistrate/Judge may, or may not try a case summarily, if he feels that it will affect the innate characteristics of the matter, if he feels that the matter is crucial and would not get unraveled completely, if tried summarily, thereafter he may choose to abstain himself from summarily trying the said case. In a case, where an accused is booked under two offences, the first one being an offence that can be tried summarily, and the second one being an offence that cannot be tried summarily, The Judge/Magistrate cannot discard the latter offence and try the accused for the first offence summarily. A Judge/Magistrate would not be able to try cases summarily, that he is not competent to try otherwise. Though legal, some cases ought not to be tried summarily, being cases wherein accused persons are government servants, as in such cases the very depth of the matter should be reached, which would not be possible by way of summary trial.