Section 263 CrPC: Record in summary trials

Chapter XXI

Court record, Criminal procedure, Indian legal system, Magistrate Powers, procedural law, summary trial

New Law Update (2024)

Section 277 BNSS

TRIAL COURT

Magistrate Court

Punishment

Procedural – Judgment / Sentencing

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) the serial number of the case;
(2) the date of the commission of the offence;
(3) the date of the report of complaint;
(4) the name of the complainant (if any);
(5) the name, parentage and residence of the accused;
(6) the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii) or clause (iv) of Sub-Section (1) of Section 260, the value of the property in respect of which the offence has been committed;
(7) the plea of the accused and his examination (if any);
(8) the finding;
(9) the sentence or other final order;
(10) the date on which proceedings terminated.

Important Sub-Sections Explained

Landmark Judgements

Balwant Singh v. State of Haryana (1993):

The Supreme Court emphasized the mandatory nature of compliance with Sections 262 and 263 of CrPC even in summary trials. It held that while detailed judgments are not required, all essential particulars under Section 263 must be scrupulously recorded to reflect the application of mind and to facilitate proper appellate scrutiny.

Surendra Kumar v. State of Rajasthan (2018):

The Rajasthan High Court underscored the critical importance of strictly adhering to Section 263 CrPC. It ruled that the omission to record essential particulars, such as the plea of the accused, as mandated by this section, constitutes a serious irregularity that can vitiate the summary trial proceedings and lead to the quashing of the conviction.

Chapter XXI