Section 286 BNSS: Record in Summary Trials

Section 286 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies the particulars that a Magistrate must record in every case tried summarily.

Law: Bharatiya Nagarik Suraksha Sanhita, 2023 Act: 46 of 2023 Chapter: XXII - Summary Trials In force: 1 July 2024
Meaning of Section 286: In a summary trial, the Magistrate need not prepare the same full record ordinarily associated with a regular trial. However, Section 286 requires a prescribed minimum record containing the essential particulars of the case, accusation, plea, finding, sentence or final order, and termination date.

Text and requirements of Section 286 BNSS

In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars:

  1. the serial number of the case;
  2. the date of the commission of the offence;
  3. the date of the report or complaint;
  4. the name of the complainant, if any;
  5. the name, parentage and residence of the accused;
  6. 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 BNSS, the value of the property in respect of which the offence has been committed;
  7. the plea of the accused and his examination, if any;
  8. the finding;
  9. the sentence or other final order; and
  10. the date on which the proceedings terminated.

What does "record in summary trials" mean?

A summary trial is a simplified criminal trial procedure intended for cases that the law permits to be disposed of through a shorter process. Section 286 does not dispense with the judicial record. Instead, it identifies the core information that must still be formally entered by the Magistrate.

The provision therefore operates as a record-keeping safeguard. It ensures that the file identifies the case, the alleged and proved offence, the accused, the plea, the Court's finding, the sentence or final order, and the date on which the case concluded.

Connection with Sections 283, 285, 287 and 288 BNSS

Section 286 should be read with the surrounding provisions in Chapter XXII of the BNSS. Section 283 deals with the power to try specified cases summarily. Section 285 prescribes the procedure for summary trials and generally applies the summons-case procedure, subject to the special rules in the Chapter.

Section 287 concerns the judgment in cases tried summarily, while Section 288 deals with the language of the record and judgment. These provisions together govern the form and minimum judicial record of a summary trial.

Section 286 BNSS and former Section 263 CrPC

Section 286 BNSS corresponds to Section 263 of the Code of Criminal Procedure, 1973, which also dealt with the record in summary trials. The BNSS came into force on 1 July 2024. For matters involving the transition from the CrPC to the BNSS, the applicable saving and transitional provisions should be checked on the facts of the case.

Practical point: The precise form in which these particulars are entered may be prescribed by the relevant State Government. The statutory minimum particulars listed in Section 286 should nevertheless be identifiable from the summary-trial record.

Official BNSS resources

For the official text and implementation material, see the Ministry of Home Affairs - New Criminal Laws and the Government notification bringing the BNSS into force from 1 July 2024.

This page is a general legal information resource. Always check the current statutory text, applicable State rules or forms, and binding judicial decisions for a specific proceeding.