The Bharatiya Nagarik Suraksha Sanhita (BNSS) has provisions in Sections 283 to 288 that delineate the procedures and powers associated with summary trials. This article focuses on the key aspects of summary trials as outlined in the BNSS.
Overview of Summary Trials:
Section 283 of the BNSS vests the power to try offenses summarily in Chief Judicial Magistrates and Magistrates of the first class.
The offenses listed for summary trial include theft, receiving stolen property, assisting in concealment, criminal intimidation, insult with intent to provoke a breach of peace, and more.
The criteria for summary trials often hinge on the value of the property involved or the severity of the offense.
Magistrates, after providing the accused with a reasonable opportunity to be heard, can try offenses not punishable with death or imprisonment exceeding three years in a summary manner. However, if the nature of the case appears unsuitable for summary trial, the Magistrate may revert to the regular trial procedure, recalling witnesses as necessary.
Empowering Magistrates for Summary Trials:
Section 284 of BNSS allows the High Court to confer upon Magistrates of the second class the power to try summarily offenses punishable only with a fine or imprisonment for a term not exceeding six months, including abetment or attempt to commit such offenses.
Procedural Framework:
Section 285 BNSS outlines that, in summary trials, the procedure specified for summons cases shall be followed with certain exceptions. Notably, no sentence of imprisonment exceeding three months can be passed in cases under this chapter.
Record-Keeping in Summary Trials:
Section 286 BNSS mandates the Magistrate to enter specific details in a prescribed form, including the case serial number, dates of the offense and report, complainant's name, accused's details, particulars of the offense, accused's plea and examination, finding, sentence or order, and the date of termination.
Judgment in Summary Trials:
Section 287 BNSS directs the Magistrate, in cases where the accused doesn't plead guilty, to record the substance of the evidence and deliver a judgment containing a brief statement of the reasons for the finding.
Language of Record and Judgment:
Section 288 BNSS clarifies that every record and judgment shall be written in the language of the court. The High Court may authorize Magistrates to prepare records or judgments through appointed officers.
Frequently Asked Questions (FAQs) on Summary Trials under Bharatiya Nagarik Suraksha Sanhita (BNSS)
1. What is a summary trial under the BNSS?
- A summary trial is a swift legal proceeding prescribed by the Bharatiya Nagarik Suraksha Sanhita (BNSS) to expedite the resolution of specific offenses.
2. Who has the authority to conduct summary trials?
- Chief Judicial Magistrates and Magistrates of the first class are empowered to conduct summary trials, as outlined in Section 283 of the BNSS.
3. Which offenses are eligible for summary trials?
- Offenses such as theft, receiving stolen property, criminal intimidation, insult with intent to provoke a breach of peace, and others, as specified in Section 283(1) of the BNSS, may be tried summarily based on certain criteria.
4. What are the benefits of summary trials?
- Swift Resolution: Summary trials offer a faster resolution of cases, ensuring timely justice delivery.
- Efficiency: These trials are designed to handle less severe offenses, streamlining the legal process and avoiding prolonged court proceedings.
- Resource Optimization: Summary trials can help in efficiently utilizing judicial resources, particularly in cases where the nature of the offense permits a summary proceeding.
5. Can Magistrates of the second class conduct summary trials?
- Yes, the High Court can confer the power to conduct summary trials on Magistrates of the second class for offenses punishable only with a fine or imprisonment not exceeding six months, as per Section 284 of the BNSS.
6. What is the procedural framework for summary trials?
- Summary trials follow the procedure specified for summons cases, with certain exceptions. Notably, no sentence of imprisonment exceeding three months can be passed, as per Section 285.
7. How is the record maintained in summary trials?
- The Magistrate is required to enter specific details in a prescribed form, including case particulars, accused and complainant details, offense details, plea, examination, finding, and sentence, as outlined in Section 286 of the BNSS.
8. When does a Magistrate revert to a regular trial in a summary trial proceeding?
- If, during a summary trial, it becomes apparent to the Magistrate that the nature of the case is unsuitable for summary proceedings, the Magistrate may re-call witnesses and proceed to re-hear the case in a regular manner (Section 283(3)).
9. What language is used for recording and judgment in summary trials?
- Every record and judgment in summary trials shall be written in the language of the court, as specified in Section 288.
10. How is judgment delivered in cases where the accused doesn't plead guilty?
- In such cases, the Magistrate records the substance of the evidence and delivers a judgment containing a brief statement of the reasons for the finding, as per Section 287.
Summary Trial under BNSS (Bharatiya Nagarik Suraksha Sanhita): Overview
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