ection 283 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 283 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers certain Magistrates to conduct summary trials for specific offences, streamlining the judicial process for less severe cases
Text of Section 283
Power to try summarily
Summary Trial by Designated Magistrates: Notwithstanding anything contained in this Sanhita—
(a) Any Chief Judicial Magistrate;
(b) Magistrate of the first class,
Theft under section 303(2), section 305, or section 306 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property stolen does not exceed twenty thousand rupees;
Receiving or retaining stolen property under section 317(2) of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees;
Assisting in the concealment or disposal of stolen property under section 317(5) of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees
Offences under section 331(2) and (3) of the Bharatiya Nyaya Sanhita, 2023;
Insult with intent to provoke a breach of the peace under section 352, and criminal intimidation under section 351(2) and (3) of the Bharatiya Nyaya Sanhita, 2023;
Abetment of any of the foregoing offences;
An attempt to commit any of the foregoing offences, when such attempt is an offence;
Any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871
Summary Trial for Other Offences: 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.
Reversion to Regular Trial: 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
Section 283 delineates the scope and procedure for summary trials under the BNSS, 2023:(
Designated Magistrates: Chief Judicial Magistrates and Magistrates of the first class are authorized to conduct summary trials for specific offences, ensuring efficiency in handling less severe cases
Threshold for Theft-Related Offences: The provision applies to theft and related offences where the value of the stolen property does not exceed twenty thousand rupees, facilitating expedited proceedings for minor property crimes.
Other Offences: The Magistrate has discretion to try other offences summarily, provided they are not punishable with death, life imprisonment, or imprisonment exceeding three years, and after giving the accused an opportunity to be heard.
Reversion to Regular Trial: If, during the summary trial, the Magistrate deems the case unsuitable for summary proceedings, they are required to revert to the standard trial procedure, ensuring fairness and thorough examination.
Significance
Efficiency in Judicial Process: Summary trials expedite the adjudication of minor offences, reducing the burden on courts and ensuring timely justice.
Discretionary Power: The Magistrate's discretion to revert to regular trials ensures that cases are handled appropriately based on their complexity and severity.
Legal Safeguards: The requirement for the Magistrate to record reasons for opting for a summary trial and the prohibition of appeals against such decisions uphold the principles of transparency and accountability in the judicial process.
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