Section 284 BNSS: Summary Trial by Magistrate of Second Class
Section 284 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") empowers the High Court to confer limited summary-trial jurisdiction on a Magistrate who is invested with the powers of a Magistrate of the second class. The provision applies only to specified minor offences and is part of Chapter XXII of the BNSS dealing with summary trials.
Section 284 BNSS - statutory text
284. 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.
Meaning and scope of Section 284
Section 284 does not automatically give every Magistrate of the second class power to conduct summary trials. The power must first be conferred by the High Court. Once such power is conferred, the Magistrate may summarily try only those offences that fall within the limited punishment threshold stated in the provision.
| Requirement | Effect under Section 284 |
|---|---|
| Authority conferring power | The High Court must confer the summary-trial power. |
| Eligible Magistrate | A Magistrate invested with the powers of a Magistrate of the second class. |
| Fine-only offences | An offence punishable only with fine may be tried summarily after the required High Court conferment. |
| Imprisonment threshold | The offence may be punishable with imprisonment for a term not exceeding six months, with or without fine. |
| Abetment and attempt | The power also extends to abetment of, or attempt to commit, an offence falling within the provision. |
Who can exercise the power?
The provision applies to a Magistrate who has been invested with the powers of a Magistrate of the second class. However, the summary-trial jurisdiction arises only when the High Court specifically confers that power. Therefore, the statutory condition has two elements: the status of the Magistrate and the separate conferment of summary-trial authority by the High Court.
Which offences can be tried summarily?
Section 284 covers two principal categories: offences punishable only with fine, and offences punishable with imprisonment for a term not exceeding six months, whether or not a fine may also be imposed. It also expressly includes abetment of, and attempts to commit, offences that satisfy those requirements.
How Section 284 differs from Section 283 BNSS
Section 283 BNSS deals with summary-trial powers of a Chief Judicial Magistrate and Magistrate of the first class and contains a broader statutory framework. Section 284 is narrower: it concerns a Magistrate of the second class, requires the High Court to confer the power, and limits the eligible offences by reference to a maximum imprisonment term of six months or punishment by fine only.
Procedure after summary-trial power is conferred
Section 284 should be read together with Section 285 BNSS, which governs the procedure for summary trials, and with the succeeding provisions dealing with the record and judgment in such trials.
Related BNSS provisions
For a complete understanding of Chapter XXII, see Section 283 - Power to try summarily, Section 285 - Procedure for summary trials, Section 286 - Record in summary trials, Section 287 - Judgment in cases tried summarily, and Section 288 - Language of record and judgment.
Official sources
The enacted BNSS and official criminal-law resources are available from the Government of India through Ministry of Home Affairs - New Criminal Laws and India Code.
Note: This page is intended for legal information and statutory reference. For application to a particular proceeding, the complete statute, applicable High Court conferment orders, notifications, judicial decisions and case facts should be examined.