Chapter XXI

Section 264 CrPC: Judgment in cases tried summarily

New Law Update (2024)

Section 314 BNSS

TRIAL COURT

Magistrate's Court (Summary Trial)

Punishment​

Procedural – Judgment / Sentencing

Cognizable?

Bailable?

Compoundable?

Bare Act Text

In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

Important Sub-Sections Explained

Landmark Judgements

Ram Prasad Sharma v. State of Bihar, AIR 1968 SC 932:

The Supreme Court emphasized the fundamental importance of recording reasons in judgments, even in summary trials. It highlighted that the requirement for reasons ensures that the appellate or revisional court can assess the correctness of the findings and demonstrates that the judicial mind has been applied to the facts and evidence presented.

State of Karnataka v. H.K. Gangadhara, 1994 CriLJ 912 (Kar):

This judgment clarified the scope of ‘substance of the evidence’ under Section 264 CrPC. It held that while a detailed record is not necessary, the recorded substance must be sufficient to reflect the gist of the prosecution and defence evidence, enabling a higher court to understand the basis of the Magistrate’s finding and the reasons provided.

Draft Format / Application

Leave a Comment

Scroll to Top