CHAPTER XXIII
SUMMARY TRIALS
Section 283 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power to try summarily.
(1) Notwithstanding anything contained in this Sanhita—
(a) any Chief Judicial Magistrate;
(b) Magistrate of the first class,
shall try in a summary way all or any of the following offences:—
(i) theft, under section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees;
(ii) receiving or retaining stolen property, under section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees;
(iii) assisting in the concealment or disposal of stolen property under section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees;
(iv) offences under section 332 of the Bharatiya Nyaya Sanhita, 2023;
(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under section 351 of the Bharatiya Nyaya Sanhita, 2023;
(vi) abetment of any of the foregoing offences;
(vii) an attempt to commit any of the foregoing offences, when such
attempt is an offence;
(viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.
(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years.
Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section.
(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall re-call any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita.
Section 284 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Summary trial by Magistrate of second class.
The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.
Section 285 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Procedure for summary trials.
(1) In trials under this Chapter, the procedure specified in this Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
Section 286 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Record in summary trials.
In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:—
(a) the serial number of the case;
(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 (ii), clause (iii) or clause (iv) of sub-section (1) of section 283, 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; (i) the sentence or other final order;
(j) the date on which proceedings terminated.
Section 287 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Judgement in cases tried summarily.
In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.
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