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Summary Trial BNSS

CHAPTER XXIII

SUMMARY TRIALS


Section 283 of The 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 301, section 303 or section 304 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 315 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 315 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees;

(iv) offences under section 330 of the Bharatiya Nyaya Sanhita, 2023;

(v) insult with intent to provoke a breach of the peace, under section 350, and criminal intimidation, under section 349 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.


(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 of The 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 of The 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 of The 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 of The 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.


Section 288 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):


Language of record and judgment.


(1) Every such record and judgment shall be written in the language of the Court.

(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.

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