Summary trials are discussed in detail in chapter 22 of criminal procedure code. The whole chapter is reproduced below for proper understanding..
CHAPTER XXII
OF SUMMARY TRIALS
260. Power to try summarily: (1) Notwithstanding anything contained in this Code--
(a) [Omitted by Law Reforms Ordinance, XII of 1972],
(b) any Magistrate of the First Class specially empowered in this behalf by the Provincial
Government, and
(c) any Bench of Magistrates invested with the powers of a Magistrate of the First Class
and especially empowered in this behalf by the Provincial Government,
may, if he or they think fit, try in a summary way alt or any of the following offences:
(a) offences not punishable with death, transportation or imprisonment for a term
exceeding six months;
(b) offences relating to weights and measures under Sections 264, 265 and 266 of the
Pakistan Penal Code;
(c) hurt, under clause (i) of section 337-A of the same Code;
(d) theft under Sections 379, 380 or 381 of the same Code, where the value of the
property stolen does not exceed ten thousand rupees;
(e) dishonest misappropriation of property under Section 403 of the same Code, where
the value of the property misappropriated does not exceed so ten thousand rupees ;
(f) receiving or retaining stolen property under Section 411 of the same Code, where the
value of such property does not exceed ten thousand rupees;
(g) assisting in the concealment or disposal of stolen property, under Section 414 of the
same Code, where the value of such property does not exceed ten thousand rupees;
(h) mischief, under Section 247 of the same Code;
(i) house-trespass, under Section 448, and offences under Sections 451, 453, 454, 456
and 457 of the same Code-
(j) insult with intent to provoke a breach of the peace, under Section 504. and criminal
intimidation, under Section 506 of the same Code;
(jj) offence of personation at an election under Section 171-F of the same Code;
(k) abetment of any of the foregoing offences;
(l) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(m) offences under Section 20 of the Cattle-Trespass Act, 1871.
Proviso : [Omitted by Law Reforms Ordinance, XII of 1972].
(2) When in the course of a summary trial it appears to the Magistrate or Bench that the
case is one which is of a character which renders it undesirable that it should be tried
summarily, the Magistrate or Bench shall recall any witnesses who may have been
examined and proceed to rehear the case in manner provided by this Code.
261. Power to invest Bench of Magistrates invested with less powers: The Provincial
Government may on the recommendation of: High Coon confer on any Bench of
Magistrates invested with the powers of a Magistrate of the Second or Third Class power
to try summarily all or any of the following offences:-
(a) offences against the Pakistan Penal Code, Sections 277. 278, 279, 285, 286, 289.
290, 292, 293, 294, 337-A (i), 337-L (2), 337-H (2), 341, 352, 426, 447 and 504;
(b) offences against Municipal Acts, and the conservancy clauses of Police Acts which
are punishable only with fine or with imprisonment for a term not exceeding one month
with or without fine ;
(c) abetment of any of the foregoing offences ;
(d) an attempt to commit any of the foregoing offences when such attempt is an offence. .
262. Procedure prescribed in Chapter XX applicable : (1) In trials under this Chapter,
the procedure prescribed in Chapter XX shall be followed except as hereinafter
mentioned.
(2) Limit of imprisonment : No sentence of imprisonment for a term exceeding three
months shall be passed in the case of any conviction under this Chapter.
263. Record in cases where there is no appeal: In cases where no appeal ties, the
Magistrate or Bench of Magistrates need not record the evidence of the witnesses or
frame a formal charge; but he or they shall enter in such form as the Provincial
Government may direct the, following particulars :--
(a) the serial number;
(b) the date of the commission of the offence;
(c) the date of the report or complaint;
(d) the name of the complainant (if any);
(e) the name, parentage and residence of the accused ;
(f) the offence complained of and the offence (if any), proved, and in cases coming under
clause (d), clause (e), clause (f) or clause (g) of sub-section (1) of Section 260, the value
of the property in respect of which the offence has been committed ;
(g) the plea of the accused and his examination (if any);
(h) the finding, and, in the case of a conviction, a brief statement of the reasons therefore;
(i) the sentence or other final order; and
(j) the date on which the proceedings terminated.
264. Record in appealable cases: (1) In every case tried summarily by a Magistrate or
Bench in which an appeal ties such Magistrate or Bench shall record the substance of
the evidence and also the particulars mentioned in sub-section 263. 54[and shall, before
passing any sentence, record a judgment in the case.
265. Language of record and Judgment: (1) Records made under Section 263 and
judgments recorded under Section 264 shall be written by the Presiding Officer, either in
English or in the language of the Court, or if the Court to Which such Presiding Officer is
immediately subordinate so directs, in such officer's mother tongue.
(2) Bench may be authorized to employ clerk: The Provincial Government may
authorize any Bench of Magistrates empowered to try offences summarily to prepare
the aforesaid record or judgment by means of an officer appointed in this behalf by the
Court to which such Bench is immediately subordinate, and the record. or judgment so
prepared shall be signed by each member of such Bench present taking part in the
proceedings.
(3) if no such authorization, be given, the record prepared by a member of the Bench and
signed as aforesaid shall be the proper record.
(4) If the Bench differ In opinion, any dissentient member may write a separate judgment.
CHAPTER XXII
OF SUMMARY TRIALS
260. Power to try summarily: (1) Notwithstanding anything contained in this Code--
(a) [Omitted by Law Reforms Ordinance, XII of 1972],
(b) any Magistrate of the First Class specially empowered in this behalf by the Provincial
Government, and
(c) any Bench of Magistrates invested with the powers of a Magistrate of the First Class
and especially empowered in this behalf by the Provincial Government,
may, if he or they think fit, try in a summary way alt or any of the following offences:
(a) offences not punishable with death, transportation or imprisonment for a term
exceeding six months;
(b) offences relating to weights and measures under Sections 264, 265 and 266 of the
Pakistan Penal Code;
(c) hurt, under clause (i) of section 337-A of the same Code;
(d) theft under Sections 379, 380 or 381 of the same Code, where the value of the
property stolen does not exceed ten thousand rupees;
(e) dishonest misappropriation of property under Section 403 of the same Code, where
the value of the property misappropriated does not exceed so ten thousand rupees ;
(f) receiving or retaining stolen property under Section 411 of the same Code, where the
value of such property does not exceed ten thousand rupees;
(g) assisting in the concealment or disposal of stolen property, under Section 414 of the
same Code, where the value of such property does not exceed ten thousand rupees;
(h) mischief, under Section 247 of the same Code;
(i) house-trespass, under Section 448, and offences under Sections 451, 453, 454, 456
and 457 of the same Code-
(j) insult with intent to provoke a breach of the peace, under Section 504. and criminal
intimidation, under Section 506 of the same Code;
(jj) offence of personation at an election under Section 171-F of the same Code;
(k) abetment of any of the foregoing offences;
(l) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(m) offences under Section 20 of the Cattle-Trespass Act, 1871.
Proviso : [Omitted by Law Reforms Ordinance, XII of 1972].
(2) When in the course of a summary trial it appears to the Magistrate or Bench that the
case is one which is of a character which renders it undesirable that it should be tried
summarily, the Magistrate or Bench shall recall any witnesses who may have been
examined and proceed to rehear the case in manner provided by this Code.
261. Power to invest Bench of Magistrates invested with less powers: The Provincial
Government may on the recommendation of: High Coon confer on any Bench of
Magistrates invested with the powers of a Magistrate of the Second or Third Class power
to try summarily all or any of the following offences:-
(a) offences against the Pakistan Penal Code, Sections 277. 278, 279, 285, 286, 289.
290, 292, 293, 294, 337-A (i), 337-L (2), 337-H (2), 341, 352, 426, 447 and 504;
(b) offences against Municipal Acts, and the conservancy clauses of Police Acts which
are punishable only with fine or with imprisonment for a term not exceeding one month
with or without fine ;
(c) abetment of any of the foregoing offences ;
(d) an attempt to commit any of the foregoing offences when such attempt is an offence. .
262. Procedure prescribed in Chapter XX applicable : (1) In trials under this Chapter,
the procedure prescribed in Chapter XX shall be followed except as hereinafter
mentioned.
(2) Limit of imprisonment : No sentence of imprisonment for a term exceeding three
months shall be passed in the case of any conviction under this Chapter.
263. Record in cases where there is no appeal: In cases where no appeal ties, the
Magistrate or Bench of Magistrates need not record the evidence of the witnesses or
frame a formal charge; but he or they shall enter in such form as the Provincial
Government may direct the, following particulars :--
(a) the serial number;
(b) the date of the commission of the offence;
(c) the date of the report or complaint;
(d) the name of the complainant (if any);
(e) the name, parentage and residence of the accused ;
(f) the offence complained of and the offence (if any), proved, and in cases coming under
clause (d), clause (e), clause (f) or clause (g) of sub-section (1) of Section 260, the value
of the property in respect of which the offence has been committed ;
(g) the plea of the accused and his examination (if any);
(h) the finding, and, in the case of a conviction, a brief statement of the reasons therefore;
(i) the sentence or other final order; and
(j) the date on which the proceedings terminated.
264. Record in appealable cases: (1) In every case tried summarily by a Magistrate or
Bench in which an appeal ties such Magistrate or Bench shall record the substance of
the evidence and also the particulars mentioned in sub-section 263. 54[and shall, before
passing any sentence, record a judgment in the case.
265. Language of record and Judgment: (1) Records made under Section 263 and
judgments recorded under Section 264 shall be written by the Presiding Officer, either in
English or in the language of the Court, or if the Court to Which such Presiding Officer is
immediately subordinate so directs, in such officer's mother tongue.
(2) Bench may be authorized to employ clerk: The Provincial Government may
authorize any Bench of Magistrates empowered to try offences summarily to prepare
the aforesaid record or judgment by means of an officer appointed in this behalf by the
Court to which such Bench is immediately subordinate, and the record. or judgment so
prepared shall be signed by each member of such Bench present taking part in the
proceedings.
(3) if no such authorization, be given, the record prepared by a member of the Bench and
signed as aforesaid shall be the proper record.
(4) If the Bench differ In opinion, any dissentient member may write a separate judgment.
