CrPC Section 264: Judgment in Summary Trials
This section deals with the judgment in summary trials under the Code of Criminal Procedure (CrPC).
1. The Code
Section 264 of the CrPC states:
“(1) When any person is convicted of an offence in a summary trial, the Magistrate shall, after recording the conviction, pronounce judgment in open court, and shall, in such judgment, state the offence of which the accused is convicted, and the punishment to which he is sentenced.”
“(2) The Magistrate shall, in addition, record the reasons for the judgment.”
2. Explanation
This section mandates that in summary trials, the Magistrate must:
- Record the conviction of the accused.
- Pronounce the judgment in open court.
- State the specific offense for which the accused is convicted.
- Declare the sentence imposed.
- Record the reasons for the judgment.
The purpose of this section is to ensure transparency and accountability in the judicial process. It ensures that the accused and the public are aware of the reasons behind the judgment and the sentence imposed.
3. Illustration
Suppose a person is convicted of driving without a license in a summary trial. The Magistrate, after recording the conviction, would pronounce judgment in open court, stating that the accused is convicted of driving without a license and sentenced to a fine of ₹1,000. The Magistrate would also record the reasons for the judgment, which might include the evidence presented and the arguments made by both parties.
4. Common Questions and Answers
Q: What is a summary trial?
A: A summary trial is a simplified and expedited trial procedure for less serious offenses, conducted by a Magistrate without a jury.
Q: Does Section 264 apply to all trials?
A: No, this section applies specifically to summary trials, not regular trials.
Q: Why is it important to record the reasons for the judgment?
A: Recording the reasons ensures fairness and transparency. It allows for scrutiny of the judgment, and if needed, appeals can be made based on these reasons.
