CrPC Section 521
CrPC Section 521 — Procedure when magistrate cannot hold a summary trial
Core idea: Section 521 of the Code of Criminal Procedure (CrPC) deals with what happens when a magistrate decides not to conduct a summary trial for an offence that could have been tried summarily. It ensures that the case does not get dismissed just because summary procedure is not followed.
Key points of Section 521
Magistrate’s discretion:
If the magistrate thinks the case is not suitable for a summary trial (even though the offence is minor), they may refuse to try it summarily.
Consequence of refusal:
The case is not thrown out.
Instead, the magistrate proceeds to conduct a regular trial according to normal CrPC procedures.
Purpose:
Ensures justice is done even if summary procedure is inappropriate.
Prevents misuse of summary trials for cases that require detailed examination of evidence.
Key points summarized
| Feature | Section 521 |
|---|---|
| When applicable | When offence could be tried summarily, but magistrate finds it unsuitable |
| Magistrate’s choice | Can refuse summary trial |
| Outcome | Case tried by regular trial procedure instead of dismissal |
| Purpose | Ensures proper justice and avoids hasty or improper trials |
Example
Suppose a person is charged with theft of a minor value (punishable ≤ 2 years).
The magistrate realizes the case involves complex evidence or multiple witnesses.
Instead of a quick summary trial, the magistrate invokes Section 521 and decides to conduct a regular trial.
This ensures the accused gets a fair chance to defend, and evidence is properly examined.
Important Note
Sections 522 and 521 work together:
Section 522: Allows summary trial for minor offences.
Section 521: Provides fallback if summary trial is not appropriate.
This way, minor cases are handled efficiently without compromising justice.
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