Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 283
Code:
(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.
Code: (2),(3)
(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:
This section outlines the powers of certain Magistrates to conduct summary trials for
specific offenses. It allows:
(a) Chief Judicial Magistrate
(b) Magistrate of the First Class
(i) This summary trial procedure applies only when the value of stolen property
involved does not exceed twenty thousand rupees.
(ii) to try in a summary way offenses like theft, receiving stolen property,
(iii) assisting in
concealment of stolen property,
(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya
Nyaya Sanhita, 2023;
(v) criminal intimidation, insult with intent to provoke
breach of peace, and
(vi) abetment or
(vi) attempts to commit these offenses.
(2) Additionally, the section
allows the Magistrate to conduct summary trials for any offense not punishable
with death, life imprisonment, or imprisonment exceeding three years, after
giving the accused a chance to be heard and recording the reasons in writing.
(3) However, if during the summary trial, the Magistrate deems it inappropriate to
continue summarily, they can recall witnesses, re-hear the case, and proceed
according to the regular procedures outlined in the Sanhita.
Illustration:
Suppose a person is accused of stealing a mobile phone worth ₹15,000. The Chief
Judicial Magistrate could conduct a summary trial in this case as the value of the
stolen property falls below the threshold of ₹20,000. However, if the accused is
also charged with causing grievous hurt during the theft, the Magistrate might
decide to re-hear the case under the regular procedures as grievous hurt
carries a more severe punishment than the simple theft in this scenario.
Common Questions and Answers:
Q1: What is a summary trial?
A: A summary trial is a simplified and expedited trial process
conducted without a jury and with fewer procedural formalities compared to
regular trials.
Q2: Can any Magistrate conduct a summary trial?
A: No, only Chief Judicial Magistrates and Magistrates of the
First Class can conduct summary trials under this section.
Q3: What happens if the Magistrate decides not to conduct a summary
trial?
A: The Magistrate will re-hear the case under the regular
procedures of the BNSS, following a more detailed and complex process.