Chapter 22 CRPC SUMMARY TRIAL, Study notes of Law

A chapter 22 of the Code of Criminal Procedure which deals with the Summary Trials. It is composed of 6 sections from 260 to 265.

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2023/2024

Available from 11/22/2024

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CHAPTER INTRODUCTION:
A chapter 22 of the Code of Criminal Procedure which deals with the Summary Trials. It
is composed of 6sections from 260 to 265.
According to Black’s Law Dictionary: A settlement technique in which the parties argue
before a mock jury, which then reaches the non-binding verdict that will assist the
parties in evaluating their positions “. Hence Summary Trial.
Section 260: Power to try Summarily:
This section states the who can try summarily and what offenses may be tried
summarily:
The section states that the magistrate or the bench magistrate invested with power of
first class especially in the context of this section may try summary way the following all
or any of offenses mentioned below; ( Clauses from Ato M)
a. An offense not punishable with death or imprisonment exceeding 6 months.
b. Offenses related to chapter 13 of Pakistan penal code regarding weights and
measures under section 264, 265 and 266. (concerning fraudulent in nature)
c. Hurt under section 323 of chapter 16 of PPC.
d. Theft under section 379, 380 or 381 of chapter 17 of PPC. Where the stolen
property value does not exceed 2500 rupees.
e. Dishonest misappropriation under section 403 of the chapter 17 of PPC.
(Value of property should exceed 2500 rupees).
f. Receiving or keeping stolen property under section 411 of chapter 17 of the PPC
Property Value 2500 Rupees).
g. Assisting in concealment or disposal of stolen property under section 414 of
chapter 17 of the PPC (Value 2500 Rupees).
h. Mischief under section 247 of chapter 12 of the PPC.
i. House trespass under section 448, 451, 453, 454, 456 and 457 of the PPC of
chapter 17.
j. Insulting with intent to provoke a breach of peace under section 504 and
criminal intimidation section 506 of chapter 22 of PPC.
Jj.Offense of personation at an election under section 171-F of chapter 9-A of
PPC.
k. Abetment of any abovementioned offenses.
l. Any Commision of offenses mentioned above.
m. Offense under section 20 of the Cattle trespass Act 1871.
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CHAPTER INTRODUCTION:

A chapter 22 of the Code of Criminal Procedure which deals with the Summary Trials. It is composed of 6 sections from 260 to 265. According to Black’s Law Dictionary: “ A settlement technique in which the parties argue before a mock jury, which then reaches the non-binding verdict that will assist the parties in evaluating their positions “. Hence Summary Trial. Section 260: Power to try Summarily: This section states the who can try summarily and what offenses may be tried summarily: The section states that the magistrate or the bench magistrate invested with power of first class especially in the context of this section may try summary way the following all or any of offenses mentioned below; ( Clauses from A to M ) a. An offense not punishable with death or imprisonment exceeding 6 months. b. Offenses related to chapter 13 of Pakistan penal code regarding weights and measures under section 264, 265 and 266. (concerning fraudulent in nature) c. Hurt under section 323 of chapter 16 of PPC. d. Theft under section 379, 380 or 381 of chapter 17 of PPC. Where the stolen property value does not exceed 2500 rupees. e. Dishonest misappropriation under section 403 of the chapter 17 of PPC. (Value of property should exceed 2500 rupees). f. Receiving or keeping stolen property under section 411 of chapter 17 of the PPC Property Value 2500 Rupees). g. Assisting in concealment or disposal of stolen property under section 414 of chapter 17 of the PPC (Value 2500 Rupees). h. Mischief under section 247 of chapter 12 of the PPC. i. House trespass under section 448, 451, 453, 454, 456 and 457 of the PPC of chapter 17. j. Insulting with intent to provoke a breach of peace under section 504 and criminal intimidation section 506 of chapter 22 of PPC. Jj. Offense of personation at an election under section 171-F of chapter 9-A of PPC. k. Abetment of any abovementioned offenses. l. Any Commision of offenses mentioned above. m. Offense under section 20 of the Cattle trespass Act 1871.

Before it's section 2 a summary of the above offense which can be summaried by the Magistrate of the first class.

  • Not death or imprisonment exceeding 6 months offense.
  • Weights and measures offense. (ch:13, 264, 265, 266)
  • Offense of Hurt (ch 16: 323)
  • Offense of Theft (ch 17: 379, 380, 381)
  • Dishonest misappropriation (ch 17: 403)
  • Receiving and keeping the stolen properties (ch 17: 411)
  • Assisting or concealment of stolen property (ch 17: 414)
  • Mischief (ch 12: 247)
  • House trespass (ch 17: 448, 451, 453, 454, 456 and 457)
  • Insulting with intent to breach peace (ch 22: 504 and 506)
  • Offense of personation in election (ch 9-A: 171-F)
  • Abetment of above offenses
  • Commision of above offense
  • Offense under section 20 of Cattle trespass act. In subsection 2 of this section states that in the process of summary trial the magistrate or bench come to conclusion that it ought not to be tried summarily then they will recall the witness and try the case in manner (regular) prescribed by the Code. In other words if they think that it should not proceed in summary case but regular case. Section 261: Power to invest bench of Magistrate invested with less powers: The section 260 the above one was concerned to the powers of magistrate vested with first class and in the section context. Now this section is vesting power to the magistrate or bench with second class or third class to summarize different cases.
  • Offenses under PPC of sections: chapter 14: 277,278, 279. Chapter 14: 285,286. Chapter 14: 290,292,293,294. Chapter 16: 323,330,336. Chapter 16-A: 341,352. Chapter 17: 426,447. Chapter 22: 504.
  • Offenses against municipal acts and conservancy clauses of police acts which are only punishable with fine or one month prison or without the fine.
  • Abetment of above offenses
  • Commission or attempt of above offenses.

Bench may be authorized to employ clerk: It provides the circumstance where the bench or magistrate is authorized to employ the officer who which record the judgment or record will be signed by each member of bench and if no authorization were given to employ the record prepared by the bench and signed by them will be considered proper but if anyone member is dissatisfied with other bench members decision he may write the separate judgment.