Trial Of Summons-Cases By Magistrates MCQ Quiz - Objective Question with Answer for Trial Of Summons-Cases By Magistrates - Download Free PDF

The correct answer is In warrant triable cases instituted otherwise than on police report.

Key Points

• Warrant triable cases are serious criminal cases that require a more formal trial process.
• These can be started in two ways:
  • On a police report (FIR filed, investigation done)
  • Otherwise than on a police report (like a private complaint)
• "Evidence before charge" means the judge hears some evidence before deciding whether to frame charges.
• This only happens in cases started by private complaints (not on police reports), as per Section 244 of CrPC.
• So, evidence before charge is recorded only in warrant triable cases instituted otherwise than on police report.

The correct answer is Yes, for reasons to be recorded, where evidence of principal witnesses has not been recorded.

Key Points

• Under Section 258 of the Code of Criminal Procedure, 1973 (CrPC), in a summons trial case instituted otherwise than upon a complaint (i.e., a case instituted by a police report), a Magistrate of first class has the power to stop the proceedings at any stage before the evidence of the principal witnesses has been recorded. If the Magistrate stops the proceedings at this stage, the accused is discharged rather than acquitted.
• However, once the evidence of the principal witnesses has been recorded, the Magistrate must proceed to pronounce a judgment of conviction or acquittal, and the accused cannot be discharged.
• This provision exists to prevent unnecessary harassment of the accused in cases where the Magistrate finds that further proceedings would be unjustified.

The correct answer is option 3.Key Points

• Section 251 of Criminal Procedure Code 1973 deals with Substance of accusation to be stated.
• When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

Additional Information Summon Cases
A case involving an offence that is not a warrant case is referred to as a Summon Case.
As per Section 2(w) of the Criminal Procedure Code, 1973 a summons-case means a case relating to an offence, and not being a warrant-case.
Summons cases are those with a maximum punishment of 2 years in prison.

The correct answer is Option 4.

Key Points

• Section 122 of the Cr.P.C. provides for the Imprisonment in default of security.
• Section 122 (3): Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit:
  Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.

The correct answer is Option 1.

Key Points

• Section 259 of the Cr.P.C. provides for the Power of Court to convert summons-cases into warrant-cases.
• It states that —When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may re-call any witness who may have been examined.

The correct answer is option 3.Key Points

• Section 251 of Criminal Procedure Code 1973 deals with Substance of accusation to be stated.
• When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

Additional Information Summon Cases
A case involving an offence that is not a warrant case is referred to as a Summon Case.
As per Section 2(w) of the Criminal Procedure Code, 1973 a summons-case means a case relating to an offence, and not being a warrant-case.
Summons cases are those with a maximum punishment of 2 years in prison.

The correct answer is Option 4.

Key PointsAccording to Section 251 of CrPC states the Substance of accusation to be stated

• When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

Additional Information Summon Cases:- 

• A case involving an offence that is not a warrant case is referred to as a Summon Case.
• As per Section 2(w) of the Criminal Procedure Code, 1973 a summons-case means a case relating to an offence, and not being a warrant-case.
• Summons cases are those with a maximum punishment of 2 years in prison.
• Sections 251 to 259 of CrPC has laid down the provisions regarding the trial of summon-cases by Magistrate.
• It instructs to produce the relevant documents and others before the court.

The correct answer is Option 2.

Key Points 

• In a summons trial, a case instituted on a complaint wherein the summons has been issued to the accused, the non-appearance or death of the complaint shall entail the acquittal of the accused. 
• As per section 256(1) of the Criminal Procedure Code, if the summons is issued on the complainant and the complainant does not appear on the day appointed for the appearance of the accused or at any adjourned date then, in that case, the magistrate must acquit the accused.
• The rationale behind this section is to prevent the complainant from delaying the prosecution of his case.
• As per section 258 of the Criminal Procedure Code, the magistrate may stop the proceeding at any stage without pronouncing the judgement. If the stoppage of the proceeding is made before the evidence of the principal witness has been recorded it shall have the effect of discharge of the accused person. 
• Section 2(w) of the Criminal Procedure Code defines a summons case. Summons-case means a case relating to an offence, and not being a warrant case. 
• Summon cases are cases relating to an offence not punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
• Chapter XX, Sections 251 to 259 of the Criminal Procedure Code deals with the trial of summons cases by magistrates.

The correct answer is Option 4.

Key Points

• Section 122 of the Cr.P.C. provides for the Imprisonment in default of security.
• Section 122 (3): Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit:
  Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.

The correct answer is Option 1.

Key Points

• Section 259 of the Cr.P.C. provides for the Power of Court to convert summons-cases into warrant-cases.
• It states that —When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may re-call any witness who may have been examined.

The correct answer is option 3.Key Points

•  Chapter 19 under Cr.P.C. 1973 deals with Trial of Summons case by magistrate.
• Section 249 deals with absence of complainant.
• When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

The correct answer is In trial of summon case

Key Points

• Relevant Provision – Section 255(2) CrPC:
  • In a summons case, when the accused is found guilty, the Magistrate can immediately proceed to sentence the accused without a separate hearing on the question of sentence.
• Nature of Summons Cases:
  • These involve less serious offences (punishable with imprisonment of less than 2 years).
  • Since the punishment is minor, the CrPC does not mandate a separate hearing for sentencing.
• Discretion of Magistrate:
  • If the Magistrate thinks fit, they may hear the accused on sentencing, but it is not mandatory.
• Purpose:
  • This expedites minor trials while still allowing the Magistrate to exercise discretion.

Additional Information 

• Option 1. In Sessions Trial: Incorrect because under Section 235(2) CrPC, the Judge must hear the accused on the question of sentence after conviction.
• Option 2. In Trial of Warrant Case: Incorrect as per Section 248(2) CrPC, the court must hear the accused on sentence before passing it.
• Option 4. In All of the Above: Incorrect because hearing on sentence is compulsory in Sessions and Warrant cases, but not in Summons cases.

The correct answer is In warrant triable cases instituted otherwise than on police report.

Key Points

• Warrant triable cases are serious criminal cases that require a more formal trial process.
• These can be started in two ways:
  • On a police report (FIR filed, investigation done)
  • Otherwise than on a police report (like a private complaint)
• "Evidence before charge" means the judge hears some evidence before deciding whether to frame charges.
• This only happens in cases started by private complaints (not on police reports), as per Section 244 of CrPC.
• So, evidence before charge is recorded only in warrant triable cases instituted otherwise than on police report.

The correct answer is Yes, for reasons to be recorded, where evidence of principal witnesses has not been recorded.

Key Points

• Under Section 258 of the Code of Criminal Procedure, 1973 (CrPC), in a summons trial case instituted otherwise than upon a complaint (i.e., a case instituted by a police report), a Magistrate of first class has the power to stop the proceedings at any stage before the evidence of the principal witnesses has been recorded. If the Magistrate stops the proceedings at this stage, the accused is discharged rather than acquitted.
• However, once the evidence of the principal witnesses has been recorded, the Magistrate must proceed to pronounce a judgment of conviction or acquittal, and the accused cannot be discharged.
• This provision exists to prevent unnecessary harassment of the accused in cases where the Magistrate finds that further proceedings would be unjustified.

The correct answer is option 3.Key Points

• Section 251 of Criminal Procedure Code 1973 deals with Substance of accusation to be stated.
• When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

Additional Information Summon Cases
A case involving an offence that is not a warrant case is referred to as a Summon Case.
As per Section 2(w) of the Criminal Procedure Code, 1973 a summons-case means a case relating to an offence, and not being a warrant-case.
Summons cases are those with a maximum punishment of 2 years in prison.