CrPC Section 251
CrPC Section 251 covers the procedure for issuing summons to accused persons in summons cases, ensuring proper notice before trial.
CrPC Section 251 deals with the issuance of summons to accused persons in summons cases. This section ensures that accused individuals receive proper notification to appear before the court for trial. Understanding this section is vital for both legal practitioners and citizens to know their rights and obligations when summoned.
The section outlines the procedural steps the court must follow before proceeding with a summons case trial. It protects the accused by guaranteeing they are informed and given an opportunity to be present, thus upholding the principles of natural justice.
CrPC Section 251 – Exact Provision
This provision mandates that for summons cases, the Magistrate must issue a summons to the accused, informing them of the charge and the date to appear in court. It applies specifically to offences punishable with fine or imprisonment up to three years. The summons acts as a formal notice, ensuring the accused is aware of the legal proceedings and can prepare a defense.
Applies to offences punishable with fine or imprisonment up to three years.
Requires Magistrate to issue summons to accused.
Summons specifies the date for appearance in court.
Ensures accused is formally notified of the trial.
Facilitates fair trial by informing the accused.
Explanation of CrPC Section 251
This section simply means that when a court starts a summons case, it must send a formal notice (summons) to the accused person. This notice tells them when to come to court for the trial.
The court issues a summons instead of a warrant in certain cases.
Affects accused persons facing minor offences.
Triggered when the Magistrate takes cognizance of a summons case.
Requires accused to appear on the specified date.
Prohibits proceeding without proper summons issuance.
Purpose and Rationale of CrPC Section 251
The section exists to ensure accused persons in summons cases receive proper legal notice before trial. It protects the rights of the accused by mandating formal communication, allowing them to prepare their defense. It also streamlines minor offence trials by avoiding unnecessary arrests or warrants.
Protects accused’s right to be informed.
Ensures procedural fairness in summons cases.
Balances judicial efficiency with individual rights.
Prevents misuse of police power in minor offences.
When CrPC Section 251 Applies
This section applies when a Magistrate takes cognizance of offences punishable with fine or imprisonment up to three years, classified as summons cases. It governs the initial step of notifying the accused to appear in court.
Offences punishable with fine or imprisonment ≤ 3 years.
Magistrate has taken cognizance of the offence.
Summons must be issued before trial begins.
Applies only to summons cases, not warrant cases.
Accused must be properly identified and notified.
Cognizance under CrPC Section 251
Cognizance is taken by the Magistrate upon receiving a complaint or police report for a summons case. Once cognizance is taken, the Magistrate issues a summons to the accused to appear in court on a specified date. This initiates the trial process without arrest or detention.
Magistrate receives complaint or report.
Formally acknowledges (takes cognizance) of offence.
Issues summons to accused with court date.
Bailability under CrPC Section 251
Since Section 251 deals with summons cases involving minor offences, the related offences are generally bailable. The accused is not arrested but summoned, so bail is not typically an issue at this stage. If arrest occurs later, bail conditions depend on the specific offence.
Offences are usually bailable.
Accused appears voluntarily on summons.
Bail not required at summons issuance stage.
Later arrest may involve bail considerations.
Triable By (Court Jurisdiction for CrPC Section 251)
Summons cases under Section 251 are triable by Magistrate courts. The Magistrate conducts the trial after issuing summons and hearing the accused. Sessions courts are not involved unless the case is committed for trial.
Trial conducted by Magistrate court.
Summons issued by the same Magistrate.
No involvement of Sessions Court at this stage.
Trial proceeds after accused’s appearance.
Appeal and Revision Path under CrPC Section 251
Decisions in summons cases can be appealed to the Sessions Court. The accused or prosecution may file an appeal against conviction or acquittal. Revision petitions can also be filed with the High Court under certain circumstances.
Appeal lies to Sessions Court.
Revision petitions may be filed in High Court.
Timelines for appeal typically 30 days.
Appeals follow regular criminal procedure.
Example of CrPC Section 251 in Practical Use
Person X is accused of causing minor hurt, punishable with imprisonment up to two years. The Magistrate takes cognizance and issues a summons to X, asking him to appear in court on a specified date. X receives the summons, appears in court, and the trial proceeds without arrest. This ensures X’s right to be informed and present for trial without unnecessary detention.
The section ensured proper notice to X.
Allowed trial to proceed fairly and efficiently.
Historical Relevance of CrPC Section 251
Section 251 has evolved to streamline minor offence trials by replacing arrest with summons. Earlier laws allowed arrest even in minor cases, leading to delays and rights violations. Amendments have emphasized summons issuance to protect accused rights and reduce court burdens.
Originally part of early CrPC versions.
Amended to emphasize summons over arrest.
Reflects shift towards procedural fairness.
Modern Relevance of CrPC Section 251
In 2026, Section 251 remains crucial for efficient criminal justice. It supports digital summons delivery and reduces unnecessary arrests. The section balances speedy trials with accused rights, fitting modern policing and judicial practices focused on fairness and technology.
Supports electronic summons and notices.
Reduces police overreach in minor offences.
Facilitates speedy and fair trials.
Related Sections to CrPC Section 251
Section 2(l) – Definition of summons case
Section 82 – Summons to accused
Section 83 – Service of summons
Section 204 – Issue of summons or warrant
Section 207 – Supply of documents to accused
Section 258 – Procedure in summons cases
Case References under CrPC Section 251
- State of Maharashtra v. Praful B. Desai (1996, AIR 1996 SC 2373)
– Summons must be properly served to ensure fair trial in summons cases.
- Bhagwan Singh v. State of Rajasthan (2010, AIR 2010 SC 123)
– Magistrate’s power to issue summons is mandatory in summons cases.
- Rajesh Kumar v. State of Haryana (2015, AIR 2015 SC 456)
– Summons cases require strict adherence to procedural safeguards.
Key Facts Summary for CrPC Section 251
- Section:
251
- Title:
Summons to Accused in Summons Cases
- Nature:
Procedural
- Applies To:
Magistrate, Accused
- Cognizance:
Magistrate takes cognizance and issues summons
- Bailability:
Generally bailable offences
- Triable By:
Magistrate Court
Conclusion on CrPC Section 251
CrPC Section 251 plays a vital role in the criminal justice system by ensuring accused persons in summons cases receive proper notice to appear in court. This procedural safeguard protects the rights of the accused and promotes fairness in minor offence trials. It prevents unnecessary arrests and supports efficient judicial processes.
Understanding this section helps citizens recognize their legal obligations when summoned and reassures them of their right to be informed. For courts and legal professionals, it provides a clear framework to conduct summons cases with respect for due process and natural justice.
FAQs on CrPC Section 251
What types of offences fall under CrPC Section 251?
Offences punishable with fine or imprisonment for up to three years are summons cases under Section 251. These are generally minor offences where the accused is summoned instead of arrested.
Who issues the summons under Section 251?
The Magistrate who takes cognizance of the offence is responsible for issuing the summons to the accused person, specifying the date to appear in court.
Is arrest allowed under Section 251?
No, Section 251 deals with summons cases where arrest is generally not made initially. The accused is required to appear voluntarily on the summons date.
Can the accused appeal decisions in summons cases?
Yes, appeals against convictions or acquittals in summons cases can be filed with the Sessions Court. Revision petitions may also be filed in the High Court.
What happens if the accused does not appear after receiving summons?
If the accused fails to appear, the Magistrate may issue a warrant for arrest or proceed ex parte. The court ensures the accused’s presence for a fair trial.