Code: Section 286 BNSS
286.
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 (i), clause (ii) or clause (iii) 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.
Explanation of Section 286 BNSS
Recording Case Details
Section 286 of the BNSS mandates that the Magistrate, in a summary trial, must enter specific case details in a prescribed format. These details ensure accurate record-keeping and can be referenced for transparency, appeals, and future legal proceedings.
List of Required Details
The following details must be recorded by the Magistrate:
- Serial Number of the case for identification.
- Date of the commission of the offense, marking when the alleged crime occurred.
- Date of the report or complaint, indicating when the case was reported.
- Name of the complainant, if applicable.
- Details of the accused: their name, parentage, and residence.
- Details of the offense: the crime complained of and the offense proved, including the value of the property in certain cases.
- Plea and Examination: the plea entered by the accused and any examination conducted.
- Finding: the outcome of the trial, whether the accused is convicted or acquitted.
- Sentence or Final Order: the punishment or order passed.
- Termination Date: the date when the proceedings were concluded.
Illustration
Example 1: Record Keeping in a Summary Trial
In a summary trial for theft, the Magistrate records the case details, including the date of the offense, the complainant’s name, the offense charged, and the plea of the accused. Once the trial concludes, the Magistrate notes the finding, sentence (if any), and the date of termination in the case records.
Example 2: Property Value Recorded
Suppose a case involves property damage. Under Section 286, if the case involves an offense related to property (such as theft or damage), the value of the property must be recorded as part of the case details.
Common Questions and Answers on Section 286 BNSS
1. Why is it important to record these case details?
- Answer: Recording these details ensures a systematic and organized record of the trial, which supports transparency and accountability in the judicial process and can aid in appeals or other legal procedures.
2. Who determines the format for recording the case details?
- Answer: The format is directed by the State Government, which ensures consistency across trials in the region.
3. What happens if the accused is not examined during the trial?
- Answer: If there is no examination, the plea of the accused will still be recorded as part of the case details, ensuring that the proceedings are accurately documented.
4. Are these records available for public reference?
- Answer: Yes, these records are part of the official court documentation and can be referred to by relevant authorities or parties involved in the case, subject to privacy laws.
Conclusion
Section 286 BNSS requires comprehensive documentation of all critical details in summary trials. This provision ensures that the judicial process remains transparent and that records are accessible for future reference. It is designed to maintain clarity and consistency in the legal system.
