Section 251 of the Code of Criminal Procedure provides that when, in a summons-case, the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused must be supplied to him, and he must be asked whether he pleads guilty, or has any defence to make. However, in such cases, it is not necessary to frame a formal charge against the accused. Nonetheless, the provisions of the Code relating to joinder to charges and joint trials would apply to the trial of summons- case. (San Dun-1905 2 Cr. L.J. 739)
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If the accused pleads guilty, the Magistrate must record his plea as nearly as possible in the words used by the accused himself, and may, in his discretion, convict him on such a plea. Thus, even if an accused pleads guilty, the Magistrate is not bound to convict him, if he thinks it necessary to have evidence of his guilt.
ADVERTISEMENTS:
If summons has been issued under S. 206 (namely, in cases of petty offences), and the accused desires to plead guilty to the charge without appearing before the Magistrate, he must transmit to the Magistrate, by post or messenger, a letter containing his plea and also the amount of fine specified in the summons.
On receiving a plea of guilty from the accused, the Magistrate may, in his discretion, convict the accused in his absence, and sentence him to pay the fine specified in the summons. Where a Pleader authorised by the accused pleads guilty on behalf of the accused, the Magistrate must record the plea as early as possible in the words of the Pleader, and May, in his discretion, convict the accused on such plea, and sentence him as stated above.
If, however, the Magistrate does not convict the accused as above, he must proceed to hear the prosecution, and take all such evidence as may be produced in support of the prosecution, and also hear the accused and take all such evidence as may be produced by him in his defence.
On an application by the prosecution or the accused, the Magistrate may, if he thinks fit, issue a summons to any witness, directing him to attend or to produce any document or other thing. Before summoning any such witness, the Magistrate may require that the reasonable expenses of such witness in attending the trial be deposited in the Court.
ADVERTISEMENTS:
After taking all the evidence, if the Magistrate finds that the accused is not guilty, he must record an order of acquittal.
If, on the other hand, he finds the accused guilty, he must pass a sentence on him according to law, unless the Magistrate submits the entire proceedings to the Chief Judicial Magistrate, on the ground that he cannot pass a sentence which is sufficiently severe in the circumstances, or if after conviction, the Magistrate orders the accused to be released on probation or after admonition.
It is also specifically provided that a Magistrate may convict the accused of any offence which can be tried under this Chapter, which from the facts admitted or proved, he appears to have committed, whatever may be the nature of the complaint or summons, if he is satisfied that the accused would not be prejudiced thereby. (S. 255)