CrPC Section 263: Record in Summary Trials
This section deals with the specific record-keeping requirements for summary trials under the Code of Criminal Procedure (CrPC).
1. Code
Section 263 of the CrPC states:
In every summary trial, the Magistrate shall record in writing –
- The substance of the evidence adduced by the prosecution and the accused;
- Any statement made by the accused, and whether he was represented by a pleader;
- The finding of the Magistrate;
- The judgment and the reasons for the same;
- The order passed.
2. Explanation
This section mandates that in summary trials, the Magistrate must meticulously document every crucial aspect of the proceedings. This includes:
- Evidence: The gist of the evidence presented by both the prosecution and the accused.
- Accused’s Statement: The accused’s statement, along with information about legal representation.
- Finding: The Magistrate’s conclusion on the accused’s guilt or innocence.
- Judgment and Reasons: The final judgment and the reasoning behind it.
- Order: The specific order passed by the Magistrate based on the judgment.
3. Illustration
Consider a case of petty theft tried summarily. The Magistrate must record the details of the stolen item, witness testimonies, the accused’s statement, and whether they had a lawyer. Subsequently, the Magistrate’s finding of guilty or not guilty, the reasons for the judgment, and the final order (e.g., fine or acquittal) must all be documented.
4. Common Questions and Answers
Q: What is the purpose of recording these details?
A: To ensure transparency and accountability in the judicial process, to facilitate appeals and revisions, and to serve as a legal record of the proceedings.
Q: Is this section applicable to all summary trials?
A: Yes, Section 263 applies to all summary trials under the CrPC.
Q: What are the consequences of not following Section 263?
A: It can lead to procedural irregularities and potentially affect the validity of the trial proceedings.
