Procedure For Summons Cases Under Crpc
What is a Summons Case?
Under Section 2(w) of the CrPC, cases are broadly classified into:
Summons cases: Cases where the maximum punishment is imprisonment for less than two years, or only a fine is prescribed.
Warrant cases: Cases where the punishment may be two years or more.
Summons cases are generally less serious and follow a simplified procedure.
Procedure for Summons Cases
Filing the complaint/FIR
The police or the complainant initiates a complaint or FIR.
Investigation
Police investigates, gathers evidence, and files a charge sheet if prima facie evidence exists.
Issuance of Summons (Section 204 CrPC)
The court, upon receiving the complaint or charge sheet, issues a summons to the accused, directing them to appear before the court on a specified date.
Service of Summons (Section 61 CrPC)
Summons is served on the accused personally or through substituted service.
Appearance of Accused (Section 204(3))
The accused appears in court voluntarily or is brought by police.
Examination of Complainant and Witnesses (Section 202 CrPC)
The magistrate may examine the complainant and witnesses on oath.
Framing of Charges (Section 251 CrPC)
If there is sufficient ground, the magistrate frames the charge against the accused.
Trial and Evidence
Evidence is recorded. The accused is given a chance to defend themselves.
Judgment (Section 249 CrPC)
The court pronounces judgment after considering evidence.
Key Sections Relevant to Summons Cases
Section 204: Issue of summons and the manner of summoning the accused.
Section 206: How summons is served.
Section 251: Framing of charges in summons cases.
Section 249: Judgment in summons cases.
Case Laws on Summons Cases Procedure
1. Gian Singh v. State of Punjab (AIR 1959 SC 549)
Facts: The accused was issued summons but failed to appear. The court proceeded ex parte.
Legal Principle: The court held that summons must be served properly, and mere proof of sending summons by post is not enough. If accused doesn’t appear, the court should issue a warrant before proceeding.
Significance: Emphasizes strict compliance with summons procedure and the need to ensure personal service or proper substituted service.
2. Rameshwar Prasad v. State of Bihar (AIR 2006 SC 1290)
Facts: The case dealt with framing of charges in summons cases.
Legal Principle: The Supreme Court ruled that framing of charge in summons cases under Section 251 is a crucial stage and should be done only if there is sufficient ground.
Significance: Summons cases require careful examination before charges are framed; courts should not frame charges mechanically.
3. V.C. Shukla v. Ram Sharan Yadav (AIR 1980 SC 321)
Facts: The accused argued improper issuance of summons.
Legal Principle: The Supreme Court reiterated that summons are not mandatory in certain cases if the accused voluntarily appears or is produced before the court.
Significance: Voluntary appearance can waive the need for formal summons service.
4. State of Punjab v. Gurmit Singh (AIR 1996 SC 1393)
Facts: The court examined whether trial could proceed without issuing summons or warrants properly.
Legal Principle: The court held that without proper issuance and service of summons or warrant, the trial cannot proceed against the accused.
Significance: Protects the accused’s right to be properly notified and ensures fair trial.
5. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2010) 5 SCC 600
Facts: Dealt with the procedure and necessity of summons in summons cases.
Legal Principle: Court emphasized that summons cases require issuance of summons to the accused and that failure to follow procedure vitiates the trial.
Significance: Summons procedure is mandatory in summons cases to safeguard the accused’s rights.
Summary Table
| Case | Legal Issue | Principle Established | Significance |
|---|---|---|---|
| Gian Singh (1959) | Service of summons | Proper service mandatory, no trial ex parte | Ensures accused’s right to notice |
| Rameshwar Prasad (2006) | Framing charges in summons cases | Charges framed only with sufficient ground | Avoids mechanical framing of charges |
| V.C. Shukla (1980) | Necessity of summons | Voluntary appearance may waive summons | Flexibility in procedure |
| Punjab v. Gurmit Singh (1996) | Trial without summons | Trial cannot proceed without proper summons | Fair trial guarantee |
| Arjun Khotkar (2010) | Summons procedure mandatory | Failure to issue summons vitiates trial | Protects accused’s procedural rights |
Important Notes:
Summons cases are designed to be quicker and simpler.
Proper service of summons is a pre-condition for trial.
Courts have discretion in issuing summons, but safeguards are in place.
Failure to comply with procedure may lead to quashing of proceedings.
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