CRPCSection 251-259Verified

Summons Case Trial — Substance of Accusation; Plea; Evidence; Acquittal; Non-Appearance

Simplified trial for minor offences (up to 2 years) — substance stated, no formal charge, quick disposal

Legal Commentary

Section 251: The substance of the accusation shall be stated to the accused who shall be asked whether he pleads guilty. Section 256: If on the day appointed the complainant does not appear, the Magistrate shall acquit the accused, unless for reasons recorded he adjourns the case.

Explanation

Sections 251-259 govern summons case trials — the simplified procedure for minor offences (up to 2 years). Key difference from warrant cases: no formal written charge — the 'substance of the accusation' is stated orally by the Magistrate. This informality makes the procedure faster and more accessible. Section 256's automatic acquittal when complainant does not appear prevents indefinite lingering. Summons cases cover the bulk of India's criminal litigation: cheque bounces, minor assaults, traffic offences, petty thefts, private complaints. The procedure is designed for volume and speed.

Related Topics

CrPC Section 251CrPC Section 256summons case trial IndiaCrPC 256 complainant absentminor offence trial Indiacomplainant absent acquittal IndiaBNSS Section 278 summons casecheque bounce summons case India

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Historical Context

Original Act
Code of Criminal Procedure
Category
CrPC
← All Code of Criminal Procedure Sections