Summary trial

Question 1

Chap and sec relating to Sumary trial

Answer 1

21
260-265

Question 2

As in the course, the case seems UNDESIRABLE to be tried summarily- should be Reheared as fits : sec?

Answer 2

260-2

Question 3

importance of 260-2

Answer 3

if found undesirable to try summarily- reheared as it should have been

Question 4

260

Answer 4

1,2
1- who all can try summarily
which all cases should not be tried summarily
which all cases can be tried summarily
2- if found not be tried summarily

Question 5

Cases that should not be tried summarily as per …. are

Answer 5

260-1
Death/ imprisonment for life/ > 2 years
Theft as 379, 380, 381 and stolen prop value >2000
Receiving/ Retainind ‘ >2000- 411 IPC
Disposal/Concealing “-414 IPC
offences under IPC 454/456

Question 6

Acc to sec … which all CAN be tried summarily

Answer 6

260-1
Intent to provoke on breach of peace- 504
Criminal intimidation 506
Abetment/ Attemnpt aforesaid offence
cattle tress passing act 1871 Sec 20

Question 7

max sentence for Summary trials is ….. is stated in sec

Answer 7

3 months
262- Procedure

Question 8

procedure for summary trial is as of …,unless exception stated
sec associated?.

Answer 8

summons case
262

Question 9

261

Answer 9

2nd class mag with permission of HC can try summarily

Question 10

What types of cases can a 2nd class mag try summarily

Answer 10

COMMITTING-Offences punishable with <6 MONTHS +/_ fine
Abetment/ attempt to commit such offences

Question 11

What all types of cases a 1st class mag can try summarily-260-1

Answer 11

not if death/ imprisonment for li8fe/> 2 yrs
Theft - 379,380,381
receiving 411
dispose-414
454, 456
(>2000)

CAN if commits
intent to invoke breach of peace- 504
Criminal intimidation 506
Abetment/ attempt to do these offences
cattle trespassing acr 1871-sec 20

Question 12

Who all can try summarily acc to sec 260-1
Acc to 261

Answer 12

CJM
Metropolitan Magistrate
1st class mag with HC permission

2nd class mag with HC permission and if punishment is </= 6 MONTHS +/- fine

Question 14

Max sentence for summary trial

Answer 14

3 months
2nd class mag with HC permisiion could try summarily only offences punishable with sentence not more than 6 months with or without fine

Question 15

263 deals with
What all are mentioned

Answer 15

Record in summary trial

Serial number of case
Name of complainant if any
Name, parentage, address of accused
Offence and value of prop (260)
Plea of accussed if any
Findings
sentence/ Final order
Date of termination of proceedings

Question 16

Judgment of case tried summarily in sec

Answer 16

264

Question 17

On judgments in cases which accused DOESN’T plead guilty,
What all are noted
In summary trial

Answer 17

Substance of evidence
Judgment in BRIEF

Question 18

As per Sec….., …can authorise ANY MAG to try offence summarily and prepare record or judmnent and
…. Can appoint ANY OFFICER to do so

Answer 18

265-2
HC
CJM

1 and 2nd clas mag are permitted by HC acc to sec 260 and 261 resp

Question 19

Language of revord is mentioned in 263 and that of judgment in 264

Answer 19

False
Language of both and HC’s and CJM’s power to authorise
Any mag or any officer resp is reffered in 265
1 and 2 resp

Question 20

265

Answer 20

1 & 2
1- language in record and judgment- language of court
2 - authority of HC and CJM to authorise
Any mag
Any officer resp
To try, prepare record and or both judgment and sign it

Question 21

Judgment of summary trial should be brief and should contain substance if evidence as in sec

Answer 21

264