CrPC Section 18
Criminal Procedure Code (CrPC) - Section 18: Magistrate's Jurisdiction to Try Cases Summarily or Otherwise
Section 18 of the Criminal Procedure Code (CrPC) deals with the jurisdiction of Magistrates regarding the mode of trial — whether they may try cases summarily or by the regular procedure.
Overview:
This section provides the general rule that Magistrates shall try cases according to the procedure prescribed, but it also allows certain Magistrates the discretion to try offences summarily under specified conditions.
Key Provisions of Section 18:
Regular Trial as the Norm:
Every Magistrate should try cases according to the procedure laid down by law unless special powers are conferred to try summarily.
Summary Trial:
Certain Magistrates are empowered by the Code or by the State Government’s notification to try specific offences summarily, which means they can conduct a faster, simplified trial without following the full procedural safeguards applicable in regular trials.
Application:
This section primarily highlights that summary trials are an exception, not the rule, and can only be conducted when the Magistrate has been specifically authorized to do so.
Offences Suitable for Summary Trial:
Summary trials are typically reserved for minor offences or cases where the punishment is limited (usually imprisonment up to 6 months, fine, or both).
Purpose of Summary Trial:
The summary trial is designed to speed up the disposal of less serious criminal cases, reducing the burden on courts and avoiding unnecessary delay.
Significance of Section 18:
Judicial Efficiency: Summary trials help in quick resolution of minor offences, conserving judicial resources.
Discretion with Safeguards: Magistrates exercise discretion in deciding whether to proceed summarily but must have statutory authority to do so.
Balance Between Speed and Fairness: While summary trials are faster, they still aim to maintain fairness, albeit with simplified procedures.
Example:
A Magistrate authorized by the State Government may try a case of petty theft summarily if the offence falls within the category of minor offences punishable with up to six months imprisonment or fine.
Conclusion:
Section 18 of the CrPC clarifies that while the normal mode of trial by a Magistrate is through the regular procedure, summary trials are permissible but only under special circumstances and authorization. This provision helps in managing court workloads effectively by expediting the disposal of minor cases.
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