Section 283 BNSS: Power to Try Summarily
Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") sets out when a Chief Judicial Magistrate or a Magistrate of the first class must, or may, conduct a criminal case by way of summary trial. The provision forms part of Chapter XXII of the BNSS, which deals with summary trials.
What is a summary trial under the BNSS?
A summary trial is a simplified and comparatively faster mode of criminal trial intended for specified less serious offences. Under Section 285 BNSS, the procedure for summons-cases is generally followed in summary trials, subject to the special rules contained in Chapter XXII. Section 285 also limits the sentence of imprisonment that may be imposed in a conviction under the Chapter to three months.
Section 283 BNSS - statutory text
283. 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:-
- 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;
- 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;
- 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;
- offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023;
- 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;
- 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.
(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.
Key features of Section 283 BNSS
| Provision | Effect |
|---|---|
| Section 283(1) | Requires a Chief Judicial Magistrate or Magistrate of the first class to try the listed categories of offences summarily. |
| Property-value limit | For the specified theft and stolen-property offences, the property value must not exceed Rs. 20,000. |
| Section 283(2) | Allows summary trial of other offences where the maximum punishment does not exceed three years, subject to a hearing and written reasons. |
| Appeal against mode of trial | No appeal lies against the Magistrate's decision under Section 283(2) to try the case summarily. |
| Section 283(3) | If summary procedure later appears unsuitable, the Magistrate must recall examined witnesses and re-hear the case under the ordinary BNSS procedure. |
Offences specifically covered by Section 283(1)
The mandatory summary-trial list includes specified forms of theft and stolen-property offences, certain house-trespass or house-breaking offences, insult intended to provoke breach of peace, specified criminal-intimidation offences, abetment or attempt relating to the listed offences, and an offence connected with a complaint under section 20 of the Cattle-trespass Act, 1871.
Power under Section 283(2)
Sub-section (2) is wider than the fixed list in sub-section (1). It permits the Magistrate to use summary procedure for an offence that is not punishable with death, imprisonment for life, or imprisonment for a term exceeding three years. Before doing so, the accused must receive a reasonable opportunity of being heard, and the Magistrate must record reasons in writing.
When a summary trial should be discontinued
Section 283(3) addresses cases that become unsuitable for summary disposal. If the Magistrate concludes during the proceeding that the nature of the case makes summary trial undesirable, witnesses already examined must be recalled and the case must be re-heard in accordance with the procedure prescribed by the BNSS.
Related BNSS provisions
Section 283 should be read with the remaining provisions in Chapter XXII, particularly Section 284 on summary-trial powers of a Magistrate of the second class, Section 285 on procedure, Section 286 on the record in summary trials, Section 287 on judgment, and Section 288 on language of the record and judgment.
Official sources
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. For the enacted text and commencement notification, refer to the official Government of India resources: Ministry of Home Affairs - New Criminal Laws and India Code.
Note: This page is intended as a legal-information reference. For application to a particular case, the complete statute, applicable notifications, judicial decisions and case facts should be examined.