CrPC Sections 262, 263, 264 and 265: Procedure, Record, Judgment and Language in Summary Trials
Sections 262 to 265 of the Code of Criminal Procedure, 1973 formed part of Chapter XXI on summary trials. They prescribed the procedure to be followed, the particulars to be recorded, the form of judgment where the accused did not plead guilty, and the language of the record and judgment.
Meaning and purpose of summary trial procedure
A summary trial is a simplified criminal trial procedure intended to enable comparatively less serious cases to be disposed of expeditiously. The expression does not mean that essential judicial safeguards can be ignored. Under Section 262, the ordinary procedure for trial of a summons-case applies to a summary trial except where Chapter XXI provides otherwise.
| CrPC provision | Subject | Corresponding BNSS provision |
|---|---|---|
| Section 262 | Procedure for summary trials | Section 285 |
| Section 263 | Record in summary trials | Section 286 |
| Section 264 | Judgment in cases tried summarily | Section 287 |
| Section 265 | Language of record and judgment | Section 288 |
Section 262 CrPC - Procedure for summary trials
Definition and effect: Section 262 governed the procedural framework for cases tried summarily. It adopted the summons-case procedure, subject to the special provisions applicable to summary trials, and imposed a statutory ceiling on imprisonment in a summary conviction.
Section 262(1): In trials under Chapter XXI, the procedure specified in the CrPC for the trial of summons-cases is to be followed except as otherwise provided in that Chapter.
Section 262(2): No sentence of imprisonment exceeding three months may be passed on a conviction under the summary-trial Chapter.
The three-month limit concerns the sentence that may be imposed in a summary trial. The power to select offences for summary trial was separately governed by Sections 260 and 261 CrPC.
Section 263 CrPC - Record in summary trials
Definition and effect: Section 263 required the Magistrate to maintain a prescribed minimum record in every case tried summarily. The form could be directed by the State Government, but the statutory particulars had to be entered.
The record includes:
- serial number of the case;
- date of commission of the offence;
- date of the report or complaint;
- name of the complainant, if any;
- name, parentage and residence of the accused;
- offence complained of and offence, if any, proved, together with the relevant property value in the cases specified by Section 263 read with Section 260(1);
- plea of the accused and examination, if any;
- finding;
- sentence or other final order; and
- date on which the proceedings terminated.
This provision ensured that the abbreviated nature of a summary trial did not result in the absence of an identifiable judicial record.
Section 264 CrPC - Judgment in cases tried summarily
Definition and effect: Section 264 applied where the accused did not plead guilty. In such a case, the Magistrate was required to record the substance of the evidence and deliver a judgment containing a brief statement of the reasons for the finding.
The requirement of a reasoned finding is important because a summary procedure reduces the volume of formal recording, but it does not dispense with the need to show the evidentiary basis and reasons for the judicial conclusion.
Section 265 CrPC - Language of record and judgment
Definition and effect: Section 265 regulated the language and preparation of the record and judgment in summary trials.
Section 265(1): The record and judgment are to be written in the language of the Court.
Section 265(2): The High Court may authorise a Magistrate empowered to try offences summarily to have the record or judgment, or both, prepared through an officer appointed for that purpose by the Chief Judicial Magistrate. The Magistrate must sign the record or judgment so prepared.
How Sections 262 to 265 worked together
These provisions created a compact procedural scheme. Section 262 supplied the basic summons-case procedure and sentence limit; Section 263 identified the minimum case record; Section 264 required the substance of evidence and brief reasons when guilt was contested; and Section 265 prescribed the language and permitted authorised preparation of the record or judgment subject to the Magistrate's signature.
Position after commencement of BNSS
For proceedings governed by the BNSS, the corresponding provisions are Sections 285 to 288. The subject matter of CrPC Sections 262 to 265 is substantially retained in those provisions, with the cross-reference in the record provision updated to the BNSS summary-trial section. For a matter pending immediately before 1 July 2024, the saving clause in Section 531(2)(a) BNSS should be checked before determining which procedural code applies.
Official legal resources
For authoritative statutory text, see the Code of Criminal Procedure, 1973 on India Code and the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.
Legal information: This article is intended for general legal information. Applicability can depend on the date and procedural stage of a particular criminal proceeding.