Summary Trials MCQ Quiz - Objective Question with Answer for Summary Trials - Download Free PDF

The correct answer is acquittal of the accused

Key Points

• Under Section 257 of the Code of Criminal Procedure, 1973, if a complainant in a summons case (instituted otherwise than upon a police report) withdraws the complaint, the Magistrate may allow the withdrawal and acquit the accused.
  • Applicable only to summons cases.
  • The case must be instituted on a complaint, not on a police report.
  • If the complainant wants to withdraw the complaint and the Magistrate allows it, the result is an acquittal, not a discharge.

The correct answer is Option 1. 

Key Points

• Section 262 deals with the procedure of summary trials.
• In case of summary trials, the procedure specified in this Code for the trial of summons-case shall be followed.
• No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Summary trials.
• Summary trials under the CrPC are a quicker and simplified form of trial meant for lesser offenses. The procedure for summary trials is provided under Section 260 to 265 of the CrPC.
• Summary trials are aimed at ensuring speedy justice for minor offenses, reducing the burden on the judicial system, and avoiding prolonged litigation for petty matters.

The correct answer is : Offences punishable with imprisonment upto three yearsKey PointsIn this type of trial, only the offences which fall into the small/petty category are tried. Complex cases are reserved for warrant or summons trial. To determine whether a case should be tried summarily, the facts stated in the complaint form the primary basis. The objective of summary trials is the expeditious disposal of cases to lessen the burden on the judiciary. The trial gives a fair opportunity to people for procuring justice in less time.

The power to try a case summarily is laid down under Section 260 of the Code of Criminal Procedure, 1973.

The provision bestows power to any Chief Judicial Magistrate, Metropolitan Magistrate or Magistrate of the first class empowered by the High Court to try the following offences summarily:

1. Offences which are not punishable with death, imprisonment for life or imprisonment exceeding two years.
2. The offence of theft under Section 379, 380 or 381 of the Indian Penal Code, 1860 if the value of the stolen property is not more than 2000 rupees.
3. An offence where a person has received or retained a stolen property worth not more than 2000 rupees, under Section 411 of the Indian Penal Code, 1860.
4. An offence where a person has assisted in concealing or disposing of stolen property, not worth more than 2000 rupees, under Section 414 of the Indian Penal Code, 1860.
5. Offences covered under Section 454 and Section 456 of the Indian Penal Code, 1860.
6. If a person insults with the intention of provoking a breach of peace under Section 504 of the Indian Penal Code, 1860.
7. In the case of criminal intimidation punishable with imprisonment up to two years or fine or both, under Section 506 of the Indian Penal Code, 1860.
8. The abetment of any of the above-mentioned offences. 
9. If an attempt is made to commit any of the aforementioned offences and if such an attempt is a punishable offence.

If an act is committed which constitutes an offence, for which a complaint can be filed under Section 20 of the Cattle Trespass Act, 1871.Additional Information

If the Magistrate feels at any point of the process of trial, that the nature of the case is not fit to be tried summarily then he has the power to recall any witness who may have been examined. After this, he can proceed for rehearing of the case, according to the procedure prescribed in this Code.

Under Section 262 of the Code of Criminal Procedure, 1973, the procedure for summary trials has been laid down. The procedure followed for summon cases has to be followed for summary cases as well. The exception in summary trials is, that a sentence exceeding the duration of three months cannot be passed in case of conviction under this Chapter.

The correct answer is Three Months

Key PointsSection 262 of the Code of Criminal Procedure 1973 relates to the Procedure for Summary Trials.

•  In trial under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
•  No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

The correct answer is : Offences punishable with imprisonment upto three yearsKey PointsIn this type of trial, only the offences which fall into the small/petty category are tried. Complex cases are reserved for warrant or summons trial. To determine whether a case should be tried summarily, the facts stated in the complaint form the primary basis. The objective of summary trials is the expeditious disposal of cases to lessen the burden on the judiciary. The trial gives a fair opportunity to people for procuring justice in less time.

The power to try a case summarily is laid down under Section 260 of the Code of Criminal Procedure, 1973.

The provision bestows power to any Chief Judicial Magistrate, Metropolitan Magistrate or Magistrate of the first class empowered by the High Court to try the following offences summarily:

1. Offences which are not punishable with death, imprisonment for life or imprisonment for more than two years.
2. The offence of theft under Section 379, 380 or 381 of the Indian Penal Code, 1860 if the value of the stolen property is not more than 2000 rupees.
3. An offence where a person has received or retained a stolen property worth not more than 2000 rupees, under Section 411 of the Indian Penal Code, 1860.
4. An offence where a person has assisted in concealing or disposing of stolen property, not worth more than 2000 rupees, under Section 414 of the Indian Penal Code, 1860.
5. Offences covered under Section 454 and Section 456 of the Indian Penal Code, 1860.
6. If a person insults with the intention of provoking a breach of peace under Section 504 of the Indian Penal Code, 1860.
7. In the case of criminal intimidation punishable with imprisonment up to two years or fine or both, under Section 506 of the Indian Penal Code, 1860.
8. The abetment of any of the above-mentioned offences. 
9. If an attempt is made to commit any of the aforementioned offences and if such an attempt is a punishable offence.

If an act is committed which constitutes an offence, for which a complaint can be filed under Section 20 of the Cattle Trespass Act, 1871.Additional Information

If the Magistrate feels at any point of the process of trial, that the nature of the case is not fit to be tried summarily then he has the power to recall any witness who may have been examined. After this, he can proceed for rehearing of the case, according to the procedure prescribed in this Code.

Under Section 262 of the Code of Criminal Procedure, 1973, the procedure for summary trials has been laid down. The procedure followed for summon cases has to be followed for summary cases as well. The exception in summary trials is, that a sentence exceeding the duration of three months cannot be passed in case of conviction under this Chapter.

The correct answer is option 3.

Key Points

•  Summary Trials are mentioned in Chapter XXI (Sections 260-265) of the Code of Criminal Procedure,1973. The objective of summary trials is the expeditious disposal of cases to lessen the burden on the judiciary.
• In this type of trial, only the offences which fall into the small/petty category are tried.
• Section 262(2) CrPC provides that the maximum sentence of imprisonment which can be passed on conviction in a summary trial is three months.​

Additional Information

• Order 37 CPC also deals with Summary suit.

The correct answer is : Offences punishable with imprisonment upto three yearsKey PointsIn this type of trial, only the offences which fall into the small/petty category are tried. Complex cases are reserved for warrant or summons trial. To determine whether a case should be tried summarily, the facts stated in the complaint form the primary basis. The objective of summary trials is the expeditious disposal of cases to lessen the burden on the judiciary. The trial gives a fair opportunity to people for procuring justice in less time.

The power to try a case summarily is laid down under Section 260 of the Code of Criminal Procedure, 1973.

The provision bestows power to any Chief Judicial Magistrate, Metropolitan Magistrate or Magistrate of the first class empowered by the High Court to try the following offences summarily:

1. Offences which are not punishable with death, imprisonment for life or imprisonment exceeding two years.
2. The offence of theft under Section 379, 380 or 381 of the Indian Penal Code, 1860 if the value of the stolen property is not more than 2000 rupees.
3. An offence where a person has received or retained a stolen property worth not more than 2000 rupees, under Section 411 of the Indian Penal Code, 1860.
4. An offence where a person has assisted in concealing or disposing of stolen property, not worth more than 2000 rupees, under Section 414 of the Indian Penal Code, 1860.
5. Offences covered under Section 454 and Section 456 of the Indian Penal Code, 1860.
6. If a person insults with the intention of provoking a breach of peace under Section 504 of the Indian Penal Code, 1860.
7. In the case of criminal intimidation punishable with imprisonment up to two years or fine or both, under Section 506 of the Indian Penal Code, 1860.
8. The abetment of any of the above-mentioned offences. 
9. If an attempt is made to commit any of the aforementioned offences and if such an attempt is a punishable offence.

If an act is committed which constitutes an offence, for which a complaint can be filed under Section 20 of the Cattle Trespass Act, 1871.Additional Information

If the Magistrate feels at any point of the process of trial, that the nature of the case is not fit to be tried summarily then he has the power to recall any witness who may have been examined. After this, he can proceed for rehearing of the case, according to the procedure prescribed in this Code.

Under Section 262 of the Code of Criminal Procedure, 1973, the procedure for summary trials has been laid down. The procedure followed for summon cases has to be followed for summary cases as well. The exception in summary trials is, that a sentence exceeding the duration of three months cannot be passed in case of conviction under this Chapter.

The correct answer is Section 261

Key Points

• Section 261 of the Code of Criminal Procedure, 1973 states:
  • A Magistrate of the Second Class may try offences in a summary way only if empowered by the High Court.
• Without such express empowerment, a Magistrate of the Second Class cannot conduct summary trials.
• Even when empowered, they may only try offences punishable with imprisonment not exceeding six months.

Additional Information

• Section 260 – Deals with First Class Magistrates and Chief Judicial Magistrates conducting summary trials.
• Section 262 – Lays down procedure for summary trials, not about who can conduct them.
• Section 263 – Pertains to record of summary trials, not eligibility to conduct them.

The correct answer is Procedure for summons trial 

Key Points

• In summary trials, the procedure prescribed for summons cases is to be followed as far as may be practicable.
• This is clearly provided under Section 262(1) of the Criminal Procedure Code (CrPC), 1973):
  • “In trials under this Chapter, the procedure specified for the trial of summons-cases shall be followed as far as may be...”
  • Summary trials are meant to be quick and simplified, usually for minor offences, and hence use the less formal procedure of summons cases.

Additional Information

• Procedure for session trial – Too elaborate for minor offences; not applicable.
• Procedure for warrant trial – Also more detailed and not meant for summary disposal.
• No specific procedure is prescribed – Incorrect, as Section 262 CrPC clearly prescribes the summons procedure for summary trials.

The correct answer is acquittal of the accused

Key Points

• Under Section 257 of the Code of Criminal Procedure, 1973, if a complainant in a summons case (instituted otherwise than upon a police report) withdraws the complaint, the Magistrate may allow the withdrawal and acquit the accused.
  • Applicable only to summons cases.
  • The case must be instituted on a complaint, not on a police report.
  • If the complainant wants to withdraw the complaint and the Magistrate allows it, the result is an acquittal, not a discharge.

The correct answer is Option 1. 

Key Points

• Section 262 deals with the procedure of summary trials.
• In case of summary trials, the procedure specified in this Code for the trial of summons-case shall be followed.
• No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Summary trials.
• Summary trials under the CrPC are a quicker and simplified form of trial meant for lesser offenses. The procedure for summary trials is provided under Section 260 to 265 of the CrPC.
• Summary trials are aimed at ensuring speedy justice for minor offenses, reducing the burden on the judicial system, and avoiding prolonged litigation for petty matters.

The correct answer is Three Months

Key PointsSection 262 of the Code of Criminal Procedure 1973 relates to the Procedure for Summary Trials.

•  In trial under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
•  No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

The correct answer is : Offences punishable with imprisonment upto three yearsKey PointsIn this type of trial, only the offences which fall into the small/petty category are tried. Complex cases are reserved for warrant or summons trial. To determine whether a case should be tried summarily, the facts stated in the complaint form the primary basis. The objective of summary trials is the expeditious disposal of cases to lessen the burden on the judiciary. The trial gives a fair opportunity to people for procuring justice in less time.

The power to try a case summarily is laid down under Section 260 of the Code of Criminal Procedure, 1973.

The provision bestows power to any Chief Judicial Magistrate, Metropolitan Magistrate or Magistrate of the first class empowered by the High Court to try the following offences summarily:

1. Offences which are not punishable with death, imprisonment for life or imprisonment for more than two years.
2. The offence of theft under Section 379, 380 or 381 of the Indian Penal Code, 1860 if the value of the stolen property is not more than 2000 rupees.
3. An offence where a person has received or retained a stolen property worth not more than 2000 rupees, under Section 411 of the Indian Penal Code, 1860.
4. An offence where a person has assisted in concealing or disposing of stolen property, not worth more than 2000 rupees, under Section 414 of the Indian Penal Code, 1860.
5. Offences covered under Section 454 and Section 456 of the Indian Penal Code, 1860.
6. If a person insults with the intention of provoking a breach of peace under Section 504 of the Indian Penal Code, 1860.
7. In the case of criminal intimidation punishable with imprisonment up to two years or fine or both, under Section 506 of the Indian Penal Code, 1860.
8. The abetment of any of the above-mentioned offences. 
9. If an attempt is made to commit any of the aforementioned offences and if such an attempt is a punishable offence.

If an act is committed which constitutes an offence, for which a complaint can be filed under Section 20 of the Cattle Trespass Act, 1871.Additional Information

If the Magistrate feels at any point of the process of trial, that the nature of the case is not fit to be tried summarily then he has the power to recall any witness who may have been examined. After this, he can proceed for rehearing of the case, according to the procedure prescribed in this Code.

Under Section 262 of the Code of Criminal Procedure, 1973, the procedure for summary trials has been laid down. The procedure followed for summon cases has to be followed for summary cases as well. The exception in summary trials is, that a sentence exceeding the duration of three months cannot be passed in case of conviction under this Chapter.

The correct answer is option 3.

Key Points

•  Summary Trials are mentioned in Chapter XXI (Sections 260-265) of the Code of Criminal Procedure,1973. The objective of summary trials is the expeditious disposal of cases to lessen the burden on the judiciary.
• In this type of trial, only the offences which fall into the small/petty category are tried.
• Section 262(2) CrPC provides that the maximum sentence of imprisonment which can be passed on conviction in a summary trial is three months.​

Additional Information

• Order 37 CPC also deals with Summary suit.

The correct answer is option 3.

Key Points

•  Summary Trials are mentioned in Chapter XXI (Sections 260-265) of the Code of Criminal Procedure,1973. The objective of summary trials is the expeditious disposal of cases to lessen the burden on the judiciary.
• In this type of trial, only the offences which fall into the small/petty category are tried.
• Section 262(2) CrPC provides that the maximum sentence of imprisonment which can be passed on conviction in a summary trial is three months.​

Additional Information

• Order 37 CPC also deals with Summary suit.