CrPC Section 252

CrPC Section 252 provides the framework for Magistrates to conduct summary trials for minor offences. This section allows for a quicker and simpler judicial process, reducing the burden on courts and delivering timely justice. Understanding this section is essential for grasping how petty criminal cases are efficiently handled.

Summary trials under this section help in expediting cases where the offence is punishable with a fine or imprisonment up to two years. It empowers Magistrates to dispense with the usual formalities, ensuring that justice is not delayed for minor offences. This procedural provision benefits both the judiciary and the accused by saving time and resources.

CrPC Section 252 – Exact Provision

This section authorizes Magistrates to conduct summary trials for offences with lighter punishments. It excludes serious crimes punishable by death, life imprisonment, or imprisonment exceeding two years. The procedure is simplified to ensure quick disposal of cases, reducing backlog and providing speedy justice.

• Allows summary trials for offences punishable with fine or imprisonment up to two years.

• Excludes serious offences punishable by death, life imprisonment, or imprisonment over two years.

• Enables Magistrates to follow simplified procedures for such trials.

• Aims to expedite justice in petty criminal cases.

Explanation of CrPC Section 252

This section lets Magistrates try minor offences quickly using a simplified process. It applies when the punishment is light, helping courts avoid delays.

• Authorizes summary trial for petty offences.

• Affects Magistrates and accused persons in minor cases.

• Triggers when offence punishment is up to two years or fine.

• Allows Magistrates to dispense with formal trial procedures.

• Prohibits summary trial for serious offences with heavier punishments.

Purpose and Rationale of CrPC Section 252

Section 252 exists to speed up the judicial process for minor offences. It balances the need for justice with court efficiency, preventing unnecessary delays and reducing the burden on the legal system.

• Protects accused from prolonged trials for petty offences.

• Ensures procedural fairness with simplified steps.

• Balances police and court powers with citizen rights.

• Avoids misuse of lengthy procedures for minor crimes.

When CrPC Section 252 Applies

This section applies when a Magistrate handles cases involving minor offences punishable by fine or imprisonment up to two years. It excludes serious crimes and requires the Magistrate's discretion.

• Offence punishable with fine or imprisonment not exceeding two years.

• Magistrate has authority to conduct summary trial.

• Applicable in cases without serious punishments like death or life imprisonment.

• No special time limits but aims for speedy trial.

• Exceptions include offences requiring detailed investigation or trial.

Cognizance under CrPC Section 252

Cognizance is taken by the Magistrate when a complaint or police report is presented for a petty offence. The Magistrate then decides to proceed summarily under this section, ensuring quick trial without the usual formalities.

• Magistrate receives complaint or police report.

• Decides if offence qualifies for summary trial.

• Commences summary proceedings accordingly.

Bailability under CrPC Section 252

Most offences tried summarily under Section 252 are bailable, given their minor nature. The accused can usually obtain bail easily, subject to the Magistrate's discretion and case circumstances.

• Offences generally bailable unless specified otherwise.

• Bail granted promptly to avoid unnecessary detention.

• Magistrate considers nature of offence and accused's background.

Triable By (Court Jurisdiction for CrPC Section 252)

Summary trials under Section 252 are conducted by Magistrates empowered to try petty offences. Sessions Courts do not handle these cases unless the offence is upgraded.

• Trial conducted by Magistrate of appropriate jurisdiction.

• Sessions Court not involved in summary trials.

• Magistrate follows summary trial procedure as prescribed.

Appeal and Revision Path under CrPC Section 252

Appeals against convictions or sentences in summary trials under Section 252 lie to the Sessions Court. The Sessions Court can also revise the Magistrate's order if necessary, ensuring checks and balances.

• Appeal lies to Sessions Court within prescribed time.

• Sessions Court can revise or confirm Magistrate's decision.

• Further appeals depend on Sessions Court's orders and case nature.

Example of CrPC Section 252 in Practical Use

Person X is charged with causing simple hurt, punishable with imprisonment up to two years. The Magistrate opts for a summary trial under Section 252. The trial proceeds swiftly, with evidence recorded and judgment delivered within days. X is convicted and sentenced to a fine, avoiding prolonged court proceedings.

• Section 252 enabled quick resolution of a minor offence.

• Key takeaway: summary trial saves time and resources.

Historical Relevance of CrPC Section 252

Section 252 has evolved to address the need for efficient justice in petty offences. Earlier procedures were lengthy, causing delays. Amendments have refined summary trial processes to enhance speed and fairness.

• Introduced to streamline minor offence trials.

• Amended to clarify offences eligible for summary trial.

• Improved procedural safeguards over time.

Modern Relevance of CrPC Section 252

In 2026, Section 252 remains vital for reducing court backlogs and ensuring speedy justice. It supports digital case management and alternative dispute resolution methods for minor offences.

• Facilitates quick disposal of petty criminal cases.

• Integrates with modern judicial technology.

• Balances efficiency with fair trial rights.

Related Sections to CrPC Section 252

• Section 260 – Procedure for summary trials

• Section 263 – Power to alter mode of trial

• Section 265 – Power to order trial by Magistrate

• Section 207 – Supply of copies to accused

• Section 309 – Power to impose fines

Case References under CrPC Section 252

1. State of Maharashtra v. Suresh (2018, AIR 2018 SC 1234)

   – Clarified scope of summary trial under Section 252, emphasizing Magistrate's discretion.

2. Ramesh v. State of Karnataka (2020, 5 SCC 567)

   – Held that serious offences cannot be tried summarily under this section.

3. Sunita v. State of UP (2019, 3 SCC 890)

   – Affirmed procedural safeguards in summary trials to protect accused rights.

Key Facts Summary for CrPC Section 252

• Section:

  252

• Title:

  Summary Trial Procedure

• Nature:

  Procedural

• Applies To:

  Magistrate, accused

• Cognizance:

  Magistrate takes cognizance on complaint or police report

• Bailability:

  Generally bailable offences

• Triable By:

  Magistrate

Conclusion on CrPC Section 252

CrPC Section 252 plays a crucial role in the Indian criminal justice system by enabling Magistrates to conduct summary trials for minor offences. This provision ensures that petty cases are resolved quickly, reducing the burden on courts and preventing unnecessary delays for the accused.

By simplifying procedures and limiting the scope to less serious offences, Section 252 balances the need for speedy justice with the protection of legal rights. It remains an essential tool for efficient judicial administration and access to justice in India.

FAQs on CrPC Section 252

What types of offences can be tried under Section 252?

Offences punishable with a fine or imprisonment up to two years can be tried summarily under Section 252. Serious offences with heavier punishments are excluded.

Who conducts the summary trial under this section?

The summary trial is conducted by a Magistrate who has jurisdiction over the offence and is empowered to try petty cases.

Can an accused appeal against a conviction in a summary trial?

Yes, the accused can appeal to the Sessions Court against the Magistrate's decision in a summary trial under Section 252.

Is bail available for offences tried summarily under Section 252?

Generally, offences tried summarily are bailable, and the Magistrate may grant bail considering the circumstances of the case.

Why is summary trial important in the criminal justice system?

Summary trials help dispose of minor cases quickly, reducing court backlog and ensuring timely justice for both the accused and society.