CHAPTER XVI
SUMMARY TRIALS BY MAGISTRATES
Note : For general provisions as to the conduct of inquiries and trials see Chapter XXI I.
142. A
What Cases May Be Tried Summarily.
Every Magistrate of the first or second class or Payam Judge respectively may try
summarily the offences specified in that behalf in the second Schedule.
143
Procedure in Summary Trial.
The procedure in a summary trial shall be the same as that in a non-summary trial except
in so far as it is modified by this chapter.
144
Record in summary Trial.
(1)
In summary trials the Magistrate need not record the evidence of the witnesses or
frame a formal charge, but he shall enter in a form to be prescribed the following
particulars:(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(2)
the serial number
the name, nationality, residence, occupation and age of the accused;
the name, nationality, residence and occupation of the complainant (if any);
the offence complained of and the offence (if any) proved, with the value of
the property in respect of which the offence has been committed;
the date and place of commission of the offence and the date of arrest;
the date of the report or complaint;
the names of the witnesses for the prosecution and defence;
the plea of the accused and his examination (if any);
the finding and, in the case of a conviction a brief statement of the reasons
therefore;
the sentence or other final order, and
the date on which the proceedings terminated.
The record shall be in English and any other language prevalent in the area and
shall be signed or sealed by the Magistrate.
145
If at any time after the commencement of a summary trial the offence alleged appears to
be one not triable summarily by the Magistrate or if he is of opinion that the offence
cannot be adequately punished on summary conviction by him, he shall stay the
proceedings and shall either submit the case under section 237 or hold a magisterial
inquiry or, if he is competent to do so, try the case non-summarily.
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