CrPC Section 522
CrPC Section 522 — Summary trial in certain cases
Core idea: Section 522 of the Code of Criminal Procedure (CrPC) allows a magistrate to conduct a summary trial in specific minor offences to ensure speedy justice. It is mainly applicable to cases where the offence is punishable with imprisonment not exceeding two years or with fine only.
Key points of Section 522
Applicable offences:
Only offences triable by a Magistrate.
Usually minor offences punishable with imprisonment ≤ 2 years or fine only.
Magistrate’s discretion:
The Magistrate may decide to try the case summarily if they believe it is suitable.
The law does not force the magistrate to use summary procedure; it is optional.
Procedure under summary trial:
The trial is simplified and faster than regular trials.
Written statements, evidence, and procedures are condensed.
Normally, the accused is asked to plead immediately, and evidence is recorded more swiftly.
Sentence limit in summary trial:
The maximum punishment a magistrate can impose in summary trials is:
Imprisonment for 6 months
Fine up to ₹2,000
Both
Purpose of Section 522
To speed up justice in minor cases.
To reduce the burden on regular criminal courts.
To provide swift resolution for trivial offences, avoiding long delays.
Example
A person commits petty theft or public nuisance that is punishable with 1 year imprisonment or fine.
The Magistrate can opt for a summary trial under Section 522, record evidence quickly, and pass sentence without following the full-length trial procedure.
Important Notes
Not for serious offences: Summary trial cannot be used for offences punishable with more than 2 years imprisonment.
Consent of accused: The accused can consent or request that the case be tried summarily, but the magistrate has the final discretion.
Appeal: Conviction in a summary trial is appealable like any other conviction.
RELATED Blog
0 comments