Law and You >Procedural Laws > BNSS > Trial of Summons Cases by Magistrates (Ss. 274 to 282 BNSS)
The term “summons cases” has been defined, in a negative sense, under Section 2(x) of the BNSS as “a case relating to an offence, not being a warrant case”. On the other hand, under Section 2(z) of the BNSS, a “warrant case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The two definitions, thus, lead to the conclusion that the basis of classification between summons case and warrant cases is the seriousness of the offence. This classification becomes applicable while determining the type of trial procedure to be adopted in a case. The trial procedure provided for summons cases is devoid of much formality and technicality as in warrant cases since the former is relatively less serious in nature. Chapter XXI of the BNSS titled “Trial of Summons Cases by Magistrates” containing Sections 274 to 282 delineates the procedure for trial of summons cases.
S. 274 BNSS:
Substance of Accusation to be Stated:
When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge:
Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge.
It is not mandatory to frame the charges but the section does not waive off with the explanation of the details of the offence when the accused is being taken or appear before the Court.
Section 274 BNSS gives that when, in a summons case, the accused shows up or is brought before the Magistrate, the particulars of the offense of which he is charged must be provided to him, and he should be asked whether he concedes (pleads guilty), or has any safeguard to make. In the event that the accused concedes, the Magistrate must record his supplication as almost as conceivable in the words utilized by the accused himself, and may, in his tact, convict him on such a request.
This process is to inform the accused of the allegations against them and to determine their plea, allowing the case to proceed either to a plea of guilty or to a trial if a defence is offered.
Under the section 274 BNSS, the courts should have to demand the accused whether the accused pleads guilty or not, and the section 275 and 276 BNSS needs to follow for conviction on such plea of guilty.
It is to be noted that, the provisions of Sanhita concerning the joinder of charges and joint trials apply, necessitating adherence to the warrant-case procedure if tried concurrently.
S. 275 BNSS:
Conviction on Plea of Guilty:
If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.
Under Section 275 BNSS, if an accused person in a summons-case pleads guilty, the Magistrate must record the plea in the accused’s own words and may, at their discretion, convict them on that plea. This allows for a conviction without a full trial if the accused admits guilt.
If the defendant reveals some or all of the fees alleged by the prosecution however pleads “not guilty”, the court is under the obligation to proceed as per the law by examining the witnesses of prosecution and defence.
S. 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.
Section 276 BNSS deals with the conviction of an accused person in petty cases without their physical appearance in court. An accused can plead guilty by sending a letter and the fine amount via post or messenger, and the Magistrate can convict them in absentia based on this plea. This process is designed to be a convenient and time-saving option for both the accused and the court.
If any pleader permitted by the accused or who plead guilty on his behalf during recording of plea, the magistrate will take words as nearly used by the pleader of the accused. Again, it depends on the magistrate whether he convicts and sentences him on such plea.
This provision underscores the expediency imperative in petty case disposition.
S. 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.
Section 277 BNSS outlines the procedure for magistrates when an accused is not convicted under sections 275 or 276 BNSS. It requires the magistrate to hear the prosecution, examine its evidence, and then hear the defence and consider its evidence. The magistrate can also, at their discretion, summon additional witnesses or documents for either side.
S. 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.
Section 278 BNSS outlines the process for acquittal or conviction by a Magistrate after taking evidence in a summons case. If the evidence shows the accused is not guilty, the Magistrate will record an order of acquittal; if the evidence proves guilt, the Magistrate will record a conviction and pass a sentence. This section applies to the final judgment of a case tried by a Magistrate after the evidence has been presented.
S. 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.
Section 279 BNSS, deals with the non-appearance or death of a complainant in a summons case. If the complainant fails to appear in court, the Magistrate must give them 30 days to be present before acquitting the accused, unless the Magistrate finds it proper to adjourn the hearing. The Magistrate can proceed with the case even without the complainant’s personal attendance if they are represented by a lawyer or prosecutor, or if the Magistrate deems their personal attendance unnecessary. These provisions shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
S. 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.
Section 280 BNSS deals with the withdrawal of a complaint. It allows a complainant, with the Magistrate’s permission, to withdraw their complaint before a final order is passed, which can lead to the acquittal of the accused against whom the complaint is withdrawn.
S. 281 BNSS:
Power to Stop Proceedings in Certain Case:
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.
Under Section 281 BNSS, when summon case institutes other than on complaint, then the proceedings of the case may stop at any stage by magistrate of the first class or with the permission of chief judicial magistrate by any other judicial magistrate after recording reasons. Under this section proceedings of the case may stop without passing any judgement. But if proceedings stop after recoding evidence, then in that case judgment of acquittal shall be passed and accused will released.
S. 282 BNSS:
Power of Court to Convert Summons cases 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.
Section 282 BNSS grants a Magistrate the power to convert a summons-case trial into a warrant-case trial if, during the proceedings, it is found that the offence warrants a more thorough procedure. This conversion allows for a more detailed hearing of the case, and the Magistrate can recall any witness previously examined. This provision is designed to ensure justice in situations where the initial summons-case procedure may be insufficient for the severity of the offence.
Conclusion:
The Chapter XXI of BNSS titled “Trial of Summons Cases by Magistrates” containing Sections 274 to 282 delineates the procedure for trial of summons cases. It helps to avoid the delay in the trial and investigation of summon cases. It also gave opportunity to accused of fair trial. In conclusion, summon cases are less formal as compared to warrant cases. It helps to provides speedy justice to the person. In summon cases, there is no difference between the trial of cases instituted on police report or personal complaint. When summon cases are instituted on police charge sheet in that cases under Section 230 BNSS, magistrate see that copies and also furnishes to the accused who appear before court. This is the only difference between two classes of cases.