- Where the accusation against accused is found to be without reasonable cause under section 250, the Magistrate will order the complainant or informant to compensate the accused.
- Compensation order under section 250 shall not exceed the amount which the Magistrate is empowered to impose.
- Trial of summons case by Magistrate is provided under chapter 20 (sections 251-259)
- In summons case the hearing of the accused on sentence is not necessary.
- Section 253 of Crpc provides that where the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate the amount of fine imposed by post, and the Magistrate may convict the accused on such Plea of Guilt in his absence.
- Section 253 deals with conviction of Plea of Guilt in petty cases.
- In a summons case the Magistrate can stop the proceedings at any stage without pronouncing judgment. (Sec 258)
- Power of the court to convert a summons case into warrants case is provided under section 259.
- In the interest of justice a Magistrate has the power to try a summons case as a warrant case, wherein the offence to be tried thereunder is punishable with imprisonment exceeding 6 months.
- Summary trial is provided under chapter 21(sec 260-265)
- The power to try a case in summary way is with Chief Judicial Magistrate, a Metropolitan Magistrate and any Magistrate of the 1st class as empowered in this behalf by the High Court.
- In summary trial maximum punishment of imprisonment can be 3 months.
- Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years may be tried summarily.
- Lurking house trespass can be tried summarily.
- Theft, where the value of the property stolen exceeds 3000₹ can’t be tried summarily.
- Chapter 21A of Crpc deals with Plea Bargaining.
- In Kasambhai Abdul Rehmanbhai Sheikh vs. State of Gujarat (1980), the court rejected the idea of Plea bargaining in the ground that if is against public policy.
- In 1991, the 12th law commission in its 142nd report and later in 1996 in its 156th report recommended the introduction of Plea bargaining.
- Malimath committee upon reforms in Criminal Justice Systems made the recommendation in introduction of Plea bargaining.
- The concept of Plea Bargaining was introduced in section 265A-L with effect from 5th July 2006.
- The chapter of Plea Bargaining is added to Crpc by Criminal Law (Amendment) Act, 2005.
- Plea bargaining can be done only of offences punishable with imprisonment less than 7 years.(Sec 265A)
- In Plea bargaining charge remains the same but sentence gets reduced. (Sentence Bargaining)
