SUMMARY TRIALSCentral

Section 286 of The Bharatiya Nagarik Suraksha Sanhita, 2023

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;
1. (i)the sentence or other final order;
(j)the date on which proceedings terminated.

Summary

Magistrates must maintain a formal record for every case tried summarily.
The State Government dictates the specific format for these records.
Required details include case identification, parties involved, offence specifics, and the final verdict.
For specific offences under section 283, the value of the property involved must be recorded.
The record must document the accused's plea and the final date of proceedings.

Practical examples

1Magistrate Verma is conducting a summary trial for a small theft of fifteen thousand rupees. In the official register prescribed by the state government, he carefully enters the serial number, the date of the theft, the owner's name as complainant, and specifically notes the property value as fifteen thousand rupees under the property details column.

2In a summary trial for criminal intimidation, the accused, Manish, pleads guilty. Magistrate Sen enters Manish's name, parentage, and address, records the exact plea of guilty, the final finding of guilt, the sentence of a fine, and notes the exact date on which the proceedings were closed.

FAQ

1. What specific information must be recorded in a summary trial?

The Magistrate must record the serial number, dates of the offence and complaint, complainant and accused details, the offence, plea, findings, sentence, and termination date.

2. Who determines the format of the record?

The State Government directs the form in which the Magistrate must enter the particulars.

3. Does the record need to include property values?

Yes, for cases falling under clause (i), (ii), or (iii) of sub-section (1) of section 283, the value of the property involved must be recorded.

4. Is the accused's plea required in the record?

Yes, the record must include the plea of the accused and their examination, if any.

Test yourself

Q1.Under Section 286 of The Bharatiya Nagarik Suraksha Sanhita, 2023, who directs the form in which the magistrate must record the particulars of a summary trial?

Q2.Under Section 286 of the BNSS, 2023, for which specific offences must the magistrate enter the value of the property in the summary trial record?

Q3.Which of the following is NOT a mandatory particular that a magistrate must enter in the record of a summary trial under Section 286 of the Sanhita?

Q4.Under Section 286 of the Sanhita, what information regarding the accused person's response to the charges must be entered in the summary trial record?

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