Summary Trials Under the BNSS

A summary trial is a shortened criminal trial before a Magistrate, now governed by Chapter XXII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 283 to 288). Certain petty offences, such as theft of property worth up to twenty thousand rupees, must be tried this way, and a Magistrate may also choose this route for any offence punishable with up to three years, after hearing the accused and recording reasons. Whatever the offence, a summary trial cannot end in a prison sentence of more than three months.

This explainer is for B.A. LL.B. and LL.B. students preparing for criminal procedure papers, and for citizens who find a small case listed before a Judicial Magistrate and want to know what kind of hearing to expect. The chapter replaced Sections 260 to 265 of the old Code of Criminal Procedure, 1973, so older textbooks are still useful as a pointer, but the section numbers and the offence list have changed.

Which offences must be tried summarily?

Section 283(1) says that a Chief Judicial Magistrate or a Magistrate of the first class "shall" try the following offences in a summary way. The word is "shall", so for these offences the summary route is the rule, not a favour.

• Theft under Sections 303(2), 305 and 306 of the Bharatiya Nyaya Sanhita (BNS), where the value of the property does not exceed twenty thousand rupees.
• Receiving or retaining stolen property under Section 317(2) of the BNS, within the same value limit.
• Assisting in the concealment or disposal of stolen property under Section 317(5) of the BNS, within the same value limit.
• Offences under Section 331(2) and (3) of the BNS.
• Insult with intent to provoke a breach of the peace under Section 352, and criminal intimidation under Section 351(2) and (3), of the BNS.
• Abetment of, and attempt to commit, any of the offences above, where the attempt is an offence.
• Any offence constituted by an act for which a complaint may be made under Section 20 of the Cattle-trespass Act, 1871.

The twenty thousand rupee ceiling applies only to the three property clauses. Take a simple example. A student in Nagercoil has a phone worth fifteen thousand rupees stolen from a bus stand. If the accused is caught and charged with theft under Section 303(2), the case falls within Section 283(1) and the Magistrate must try it summarily.

When can a Magistrate choose a summary trial?

Section 283(2) is the biggest practical change from the old Code. It allows the Magistrate to try summarily any offence that is not punishable with death, imprisonment for life or imprisonment for a term exceeding three years. Two safeguards come with this power: the accused must get a reasonable opportunity of being heard, and the Magistrate must record reasons in writing. The proviso adds that no appeal lies against the decision to try the case in a summary way under this sub-section.

The Parliamentary Standing Committee report on the Bill states the aim plainly in paragraph 1.10: "Summary trial has been made mandatory for petty and less serious cases." The Home Secretary's presentation, summarised in paragraph 1.11 of the same report, said the Sanhita raises the threshold for petty offences subject to summary disposal, to reduce the burden on the judicial system.

Can a Magistrate of the second class try cases summarily?

Yes, but only if the High Court confers the power. Under Section 284, a Magistrate of the second class so authorised may try summarily offences punishable only with fine, or with imprisonment up to six months with or without fine, along with abetment of and attempts to commit such offences.

What procedure does a summary trial follow?

Section 285(1) says summary trials follow the procedure for summons cases (Chapter XXI of the BNSS), except where Chapter XXII says otherwise. In practice this means:

1. No formal charge is framed. Under Section 274, the particulars of the offence are explained to the accused, who is asked whether they plead guilty or have a defence. If the Magistrate finds the accusation groundless, the proviso to Section 274 allows release, after recording reasons, with the effect of a discharge.
2. If the accused pleads guilty, Section 275 requires the plea to be recorded as nearly as possible in the accused's own words, and the Magistrate may, in their discretion, convict on it. Conviction on a guilty plea is not automatic.
3. If the accused does not plead guilty, evidence is taken. Under Section 287, the Magistrate records only the substance of the evidence and delivers a judgment with a brief statement of reasons.
4. Section 286 lists what the record must contain, in the form the State Government prescribes: serial number, date of offence, date of report or complaint, name of the complainant (if any), the name, parentage and residence of the accused, the offence charged and proved (with property value for the theft clauses), the plea and examination of the accused (if any), the finding, the sentence or other final order and the date the proceedings ended.
5. Under Section 288, the record and judgment are written in the language of the Court. Section 288(2) lets the High Court authorise a Magistrate to have the record or judgment prepared by an officer appointed by the Chief Judicial Magistrate, but the Magistrate must sign it. In Tamil Nadu, readers should check the current forms and practice directions issued for subordinate criminal courts.

What are the limits on sentence and fairness?

Section 285(2) caps the sentence: no imprisonment for a term exceeding three months may be passed on conviction under this chapter. This matters for the discretionary route under Section 283(2). An offence may carry up to three years under the BNS, but if it is tried summarily, the accused cannot get more than three months in prison.

Section 283(3) is the safety valve. If, during the trial, the Magistrate feels the case is undesirable to try summarily, the Magistrate must recall any witnesses already examined and rehear the case in the regular manner. A brief record is fine for a petty dispute. It is not fine where the facts are complicated or the stakes are high.

How should you write about summary trials in an exam?

• Open with a one line definition and cite Chapter XXII, Sections 283 to 288 of the BNSS, with Sections 260 to 265 of the CrPC as the old pointer.
• Separate mandatory summary trial under Section 283(1) from discretionary summary trial under Section 283(2). Examiners look for this distinction.
• State the twenty thousand rupee limit and that it applies only to property offences.
• Mention the three month sentence cap in Section 285(2) and the conversion power in Section 283(3).
• Close with a short critical note: speed versus a thin record, and the bar on appealing the choice of procedure.

If you want guided practice on answers like this, look at the criminal procedure papers in our programmes.

Sources

• BNSS Section 283: bare text of the power to try summarily (verify against the official India Code text).
• BNSS Section 284: summary trial by a Magistrate of the second class.
• BNSS Section 285: procedure for summary trials and the three month cap.
• BNSS Section 286: contents of the record in summary trials.
• BNSS Section 287: judgment in cases tried summarily.
• BNSS Section 288: language of record and judgment.
• BNSS Section 275: conviction on plea of guilty in summons cases.
• BNSS Section 274: substance of accusation in summons cases.
• Standing Committee report on the BNSS Bill (via PRS): Statement of Objects and Reasons and the Home Secretary's presentation.