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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 284 – BNSS | Summary trial by Magistrate of second class.

Section 284 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 284 – BNSS | Summary trial by Magistrate of second class. The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 283 – BNSS | Power to try summarily.

Section 283 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 283 – BNSS | Power to try summarily. (1) Notwithstanding anything contained in this Sanhita—(a) any Chief Judicial Magistrate;(b) Magistrate of the first class, shall try in a summary way all or any of the following offences:—(i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees;(ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees;(iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees;(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023;(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023;(vi) abetment of any of the foregoing offences;(vii) an attempt to commit any of the foregoing offences, when such attempt is an offence;(viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.(2) 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.(3) 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

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 282 – BNSS | Power of Court to convert summonscases into warrant-cases

Section 282 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 282 – BNSS | Power of Court to convert summonscases into warrant-cases When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 281 – BNSS | Power to stop proceedings in certain cases.

Section 281 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 281 – BNSS | Power to stop proceedings in certain cases. In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 280 – BNSS | Withdrawal of complaint.

Section 280 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 280 – BNSS | Withdrawal of complaint. If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 279 – BNSS | Non-appearance or death of complainant.

Section 279 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 279 – BNSS | Non-appearance or death of complainant. (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days’ time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by an advocate or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may, dispense with his attendance and proceed with the case.(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 278 – BNSS | Acquittal or conviction.

Section 278 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 278 – BNSS | Acquittal or conviction. (1) If the Magistrate, upon taking the evidence referred to in section 277 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal.(2) Where the Magistrate does not proceed in accordance with the provisions of section 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law.(3) A Magistrate may, under section 275 or section 278, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 277 – BNSS | Procedure when not convicted.

Section 277 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 277 – BNSS | Procedure when not convicted. (1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 276 – BNSS | Conviction on plea of guilty in absence of accused in petty cases

Section 276 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 276 – BNSS | Conviction on plea of guilty in absence of accused in petty cases (1) Where a summons has been issued under section 229 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons.(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where an advocate authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the advocate and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.

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