Trial procedure in petty cases under Code of Criminal Procedure

Asked in 2019 for 10 marks

Trial procedure in petty cases under Code of Criminal Procedure

Section 253 Conviction on plea in absence of accused in petty cases

Section 253 deals with Conviction on plea of guilty in absence of accused in petty cases and acts as an exception to general rule which provides a simple procedure for disposing of petty cases without the presence of accused in court by post and messenger. By this provision discretion is given to the Magistrate to convict the accused. It also enables the pleader authorised by the accused to plead guilty on behalf of his client when offence is punishable only with fine.

Section 264 No appeal lies in petty cases tried summarily

As per Section 264 of the Code, in all the cases of summary trials, in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the same shall be recorded.

Summary trials deal with cases relating to petty offences and hence the procedure for trial is not elaborate. There is no appeal in such a trial if a sentence of fine only not exceeding two hundred rupees has been awarded. However, there can be an application for revision to the High Court.