Code: Section 283 BNSS
(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 sub-section (2) of 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 sub-section (2) of 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 sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees;
(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023;
(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of 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 (1 of 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 recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita.
Explanation of Section 283 BNSS
Section 283 of the BNSS provides that certain offences can be tried in a summary manner by the Chief Judicial Magistrate or a Magistrate of the first class. The section specifies a list of offences, such as theft, receiving or retaining stolen property, and criminal intimidation, among others, that fall under the summary trial category when the value of property does not exceed twenty thousand rupees.
In addition, the section allows the Magistrate to proceed with a summary trial for offences that do not warrant severe punishments like death or life imprisonment. If, during the summary trial, the case turns out to be more complex than expected, the Magistrate can re-hear the case in the manner prescribed by the law.
Illustration
Example 1: Summary Trial for Theft
A person is accused of stealing property worth less than twenty thousand rupees. The Chief Judicial Magistrate decides to try the case summarily under Section 283 of the BNSS.
Example 2: Recalling Witnesses
During the summary trial of an insult case under Section 350 of the BNSS, the Magistrate finds that the case is too complicated to proceed summarily. The Magistrate re-calls witnesses and proceeds to hear the case in a regular trial format.
Common Questions and Answers on Section 283 BNSS
1. What is a summary trial?
- Answer: A summary trial is a simplified legal process for handling certain minor offences quickly, without going into the lengthy procedures of a regular trial.
2. What offences can be tried under Section 283?
- Answer: Offences such as theft (under certain sections), receiving or retaining stolen property, insult with intent to provoke a breach of the peace, criminal intimidation, and others, can be tried summarily if the value of the property does not exceed twenty thousand rupees.
3. Can a case initially tried summarily be transferred to a regular trial?
- Answer: Yes. If the Magistrate finds that the case is more complex or serious than originally thought, they can transfer it to a regular trial after re-calling the witnesses.
Conclusion
Section 283 of the BNSS ensures efficient handling of certain minor criminal cases through a summary trial process, which speeds up the judicial proceedings. The section allows for flexibility, permitting the Magistrate to switch to a regular trial if necessary.
